Contents
Tenancy Agreement
Introduction
Disclosure of Information
Right to Complain
Definitions
The Landlord’s Responsibilities
Rent and Service Charges
Repairs, Improvements and Maintenance
Access
Communal Facilities
Trees
Consultation
The Tenant’s Rights and Responsibilities
Occupation
Duty to Inform
Rent and Service Charges
Properties Connected to District or Communal Heat Network
Repairs, Improvements and Maintenance
Access
Health and Safety Inspections
Essential Works and Moving into Temporary Accommodation
Aerials and Satellite Dishes
Security Devices
Wiring
Anti-Social Behaviour
Noise
Drugs and Drug Dealing
Gang Membership
Domestic Abuse
Criminal Purposes
Gardens and Trees
Use of the Dwelling
Hoarding and Property Neglect
Vermin and Pests
Ventilation system
Laminate Flooring
Building Safety
Assignment
Subletting
Lodgers and Maximum Occupancy
Vehicles and Parking
Animals and Pets
Tenancy Fraud
Changes to your Tenancy
Right to Buy
Succession
General Legal
Conversion to Secure Tenancy
Absolute Ground for Possession
Terminating the Tenancy
Service of Notices
Tenancy Agreement Signatures Tenants Copy
Tenancy Agreement Signatures Council/Agents Copy
Tenancy Agreement
This is a very important document. Please read it carefully. It is the legal contract between you and the Wolverhampton City Council. It sets out the rights and responsibilities you have as a tenant and the responsibilities we have as your landlord. You should get professional independent advice if there is anything in this document that you do not understand.
Introduction
This document is a tenancy agreement between Wolverhampton City Council, represented by their managing agents and the tenant(s) whose signature(s) appear at the end of this agreement. It states the obligations of the tenant(s) and the Council and/or its agent(s) throughout the tenancy.
This tenancy is an Introductory Tenancy for twelve months from the date of this agreement after which the tenancy becomes secure unless we have begun proceedings in the courts for possession of the dwelling.
For more information, please contact your managing agent.
Name and address of landlord
Wolverhampton City Council
Civic Centre, St. Peter's Square, Wolverhampton, WV1 1RB
Name and address of managing agents
Bushbury Hill Estate Management Board
The Management Centre, 14 Kempthorne Avenue, Low Hill, Wolverhampton, WV10 9JG Tel: 01902 552992 Email: info@bushburyhill.org Web: www.bushburyhill.co.uk
Dovecotes Tenant Management Organisation
86 Ryefield, Pendeford, Wolverhampton, WV8 1UD Tel: 01902 552780 Email: generalenquiries@dovecotes.com Web: www.dovecotestmo.com
New Park Village Tenant Management Co-operative
12 Valley Road, New Park Village, Wolverhampton, WV10 0NZ Tel: 01902 552670 Email: newparkvillage2@wolverhampton.gov.uk Web: www.npv.org.uk
Wolverhampton Homes
Alfred Squire Road, Wednesfield, Wolverhampton, WV11 1XU Tel: 01902 556789 Email: homes.direct@wolverhamptonhomes.org.uk Web: www.wolverhamptonhomes.org.uk
Disclosure of Information
The Council, its agents and authorised contractors are under a duty to protect public funds and may use information or photographs held by us or provided by you for the prevention and detection of fraud. The council may also use technology to monitor the condition of the property and any related personal information generated will only be shared in accordance with UK Data Protection laws for the purpose of delivering good homes and maintaining healthy, inclusive communities. This information may also be shared with other bodies for these purposes and also for the administration and collection of taxes and charges and for performing other statutory enforcement duties. By signing this Agreement you consent to the disclosure of such information.
Right to Complain
If you feel we have not kept to the terms of this agreement you can use our complaints procedure to tell us. You can also take advice from a Citizen’s Advice Bureau, law centre or solicitor or you can contact the Independent Housing Ombudsman Service. The complaints procedure does not form part of this agreement.
For more information, please contact your managing agent.
Definitions
Access
Allow access to the Landlord and its contractors and allow reasonable space as may be required to undertake any inspections or repairs.
Animal/Pet
Any animal or pet including, but not limited to, mammals, birds, insects, reptiles, spiders and fish. A domestic or tamed animal kept for companionship or pleasure.
Assignment
The transfer of any right held in the Property to another in the circumstances permitted by the clauses within this tenancy agreement.
Authorised Contractors
Any company or persons appointed by the Council or its managing agents to carry out repair works (including in emergency circumstances), improvements or any other tasks we deem necessary.
Communal Areas
Includes: stairs, lifts, landings, walkways, entrance halls, drying areas, bin stores, paved areas, shared gardens or parking areas in the neighbourhood and around the property.
Council
Wolverhampton City Council.
Demotion of Tenancy
A secure tenancy which has been demoted following a Court Order as a result of anti-social behaviour, unlawful use of the property and/or repeatedly breaching the tenancy agreement, with loss of rights including Right to Buy and Right to Exchange.
Dwelling
This is the Property indicated on the last page of this document and includes the accommodation occupied and any garden, garage, shed, outbuilding, or land within the boundary, which is defined by perimeter walls, railings, gates, hedges, trees and fencing.
Emergency Services
The police, the fire brigade and the ambulance service.
Fair Wear and Tear
This is damage that naturally and inevitably occurs as a result of normal wear, use or ageing.
Flat/Bedsit/Maisonette
A home which forms part of a larger building.
Interpretation
All references in this Agreement to the singular are to be read to include the plural, where applicable, and any references to gender are to be read to include both genders and the neuter.
Introductory Period
This is the period for which your tenancy shall be an introductory tenancy. This is one year from when your tenancy commences. This period
Jointly and Severally
Any one or all of the joint tenants individually are responsible for the rent and all other charges.
Landlord
Wolverhampton City Council or one of its managing agents.
Lodger
A person who occupies a rented room in another’s property.
Managing Agent
These are any of the organisations listed above (see page 4) which manage the Council’s housing stock.
Mutual Exchange
To swap your home with another tenant with permission from the Council.
Neighbourhood
The whole of the estate or area the property is in, including privately owned or housing association properties.
Neighbours
Your neighbours include everyone living in the local area, including people who own their homes, our tenants, tenants of other Landlords and their families and visitors.
Occupancy Right
If a relationship breaks down, neither party can force the other tenant to leave as they still have the right to live in the family home. The only way one of the tenants can be made to leave is by a court order.
Permitted Number
The permitted number of occupants for the dwelling, as stated in your tenancy agreement.
Property
Building or part of a building indicated on the last part of this document which you occupy under this agreement.
Service Charge
A service charge is a charge made by us towards the costs of providing and maintaining services and benefits to tenants beyond the occupation of the dwelling. Examples of service charges could include but are not restricted to: provision of furniture, communal cleaning, concierge services, maintenance, servicing, improvement and replacement of heating systems, digital TV, fencing improvements and caretaking services.
Sublet
This is when you part with possession of the Property and give (or allow someone else to have) possession of the whole or part of the property. Usually (but not always) this is in exchange for rent, money or some other benefit.
Succession
The process whereby a spouse, civil partner or other family member becomes the new tenant following the death of the original tenant in the circumstances specified in Clauses 122-124.
Tenant
Applies to both single and joint tenants equally. If the tenancy is a joint tenancy, then you are both jointly and severally responsible for complying with all of the obligations of this tenancy agreement.
We/Us/Our
This means the Council, any of its managing agents or its authorised contractors.
You/Your
This means the tenant or tenants who have signed this agreement and are bound by its terms.
The Landlord’s Responsibilities
1) The Tenancy will commence at 12 noon on the agreed date and the first period shall end at noon on the first Monday after this day. After this time, the tenancy shall be a weekly period tenancy with the first full weekly period beginning at 12 noon on this Monday and will thereafter end at 12 noon on each following Monday.
2) We will ensure that you have the right to occupy (unless otherwise stated) the dwelling so long as it is your only or principal home and no other tenancy obligation has been broken.
Rent and Service Charges
3) All amounts due by you will be clearly shown on your rent statement and rent increase letter which may include rent, service charges and other monies due. If you are a joint tenant, you are jointly and severally responsible for paying all the rent and all other charges for the property when they are due.
4) If you receive Housing Benefit or Universal Credit and your circumstances change, you must contact the Housing Benefit /Universal Credit Service immediately as these changes may affect your entitlement to benefit and, as a result, the amount of rent you have to pay.
5) We will review rent and service charges payable on the dwelling on an annual basis and/or if the Dwelling is improved or adapted. We will notify you of any changes in rent or service charges or other charges in writing at least four weeks in advance.
6) We will apply any monies outstanding from any previous tenancy to the rent account of this agreement.
7) We reserve the right to introduce other relevant service charges following a consultation process.
8) If your tenancy is an affordable rent tenancy, your rent will be set in accordance with government guidance and requirements for Affordable Rent setting.
For more information, please contact your managing agent.
Repairs, Improvements and Maintenance
9) We will carry out all repairs covered by repair legislation within prescribed timescales.
10) We reserve the right to charge you, for the cost of attending a property to complete repairs, when upon arrival at the agreed specified time there is no access to the dwelling.
11) We will maintain the structure and exterior of the Dwelling, excluding gardens, structures or installations you have installed. We reserve the right to charge a Service Charge for improving and or replacing fencing that is your responsibility to provide.
12) We will keep in repair and working order or replace if they are determined to be beyond repair: installations provided for space heating, water heating, rubbish disposal and supply of gas, water and electricity within the dwelling or communal areas. Exceptions to this are where the installation is provided by the tenant. A service charge is levied for servicing, replacing and improving central heating systems.
13) We are responsible for the maintenance, repair and replacement of smoke detectors and carbon monoxide detectors (where fitted). We are also responsible for the supply, maintenance, repair and replacement of metering for district / communal heating schemes. However, we are not responsible for the supply or metering of mains gas, electricity, or water. You are responsible for reporting any faults or safety concerns with these services directly to your utility provider.
Access
14) We reserve the right to access the Dwelling for the purpose of carrying out any repairs, maintenance, servicing, inspection or improvements.
For more information, please contact your managing agent.
Communal Facilities
15) We will keep any entrances, halls, stairways, lifts, passages, rubbish chutes, lighting, fire safety equipment and other communal amenities or facilities reasonably clean, safe, secure and in working order and repair subject to the terms of this tenancy agreement.
Trees
16) We will only maintain a tree within the boundary of your home if one or more of the following conditions apply:
Communal areas are maintained by a scheduled tree management programme in accordance with provisions of any tree preservation orders or conservation areas.
Consultation
17) We are committed to working in partnership with tenants. We will consult with those tenants likely to be substantially affected by a change in housing policy or practice.
18) Consultation may include:
The Tenant’s Rights and Responsibilities
Occupation
19) Subject to the terms of this agreement you have the right to occupy the dwelling so long as it is your only or principal home and you are not in breach of the terms of this agreement.
20) You agree to live in the dwelling as your only or principal home. During your tenancy you must not (either solely or jointly) own or rent any other residential property which is physically and legally available for you to live in and which would be reasonable for you to live in as your home. You must tell us immediately if you own a residential property or have another residential lease or tenancy.
21) You must advise, in writing, us of any absences from the Tenancy of more than four weeks and, prior to the absence, make all necessary arrangements for all of your obligations under this agreement to be maintained (including paying rent and service charges). You also agree to provide us with a contact name and address for the period you are absent from the Property.
22) You agree not to smoke (including vaping) or permit to be smoked in the Property any substance in the presence of our officers, managing agents, contractors, councillors, board members, tenant representatives or any other person lawfully within the Property. Upon request you agree to cease smoking and extinguish the substance immediately.
Duty to Inform
23) You agree to supply details to us, and any relevant agencies, of all persons resident within the Property and immediately upon any change to such details. You also agree to inform us immediately upon the death of any person who has a right to reside within the Property.
24) The 'permitted number' of residents for the dwelling to which this tenancy agreement relates is shown on the signed agreement.
Rent and Service Charges
25) Rent is payable weekly, fortnightly or monthly in advance with the first payment being due on the day of sign up. Rent should preferably be paid by direct debit. Any rent outstanding when the tenancy ends should be paid by the termination date of this agreement.
26) If you need any assistance in paying your rent, you must apply for any benefit needed. You also must comply with requests for any document or further information within the timescale requested. Further you must notify all relevant agencies immediately of any changes to your circumstances which have the potential to affect your entitlement to benefits and assistance, including but not limited:
27) You understand that failure to co-operate with any relevant benefit agency to ensure correct payments could lead to arrears accruing and possible possession action being taken against you.
28) You must pay your rent in advance including service charges, heating charges and any other charges. Paying your rent is your responsibility.
29) You must pay any recharges or court costs added to your rent account.
30) You must pay any monies outstanding from any previous tenancies which have been applied to the rent account of this agreement in accordance with the terms of this agreement.
31) All payments must be made in advance.
32) Credit balances on rent accounts and any other payment made to you by the Council or it’s managing agents will be used to clear or offset any housing related debts payable to the Council or its managing agent before being refunded.
33) You are responsible for payment of utility charges and Council Tax charges from the commencement of your tenancy. You must therefore arrange for the necessary agreements to be put in place within the first four weeks of your tenancy commencing (backdated to the start of the tenancy).
34) In the event you fail to enter into the required formal agreements for utilities and Council Tax, any subsequent costs will be recharged to the tenant, which may include the managing agent’s additional administration costs. You should note that in such an event, the relevant utility providers will charge using their “out of contract” rates, which are often much higher than their contract rates.
Properties Connected to District or Communal Heat Network
35) You agree to register your details (including any vulnerability information) with City of Wolverhampton Council’s designated Metering & Billing Provider and make timely payments to them for the provision of heat and hot water.
36) You agree to keep in good working order any equipment linked to the provision of heat and hot water and agree not to tamper, damage or modify the equipment in any way.
37) You agree to provide access to your home to authorised personnel to inspect, maintain and repair equipment installed for the purposes of providing and managing heat and hot water provision including to ensure continuity of supply for yourself and adjacent households.
38) By signing your tenancy agreement, you are also agreeing to the terms and conditions of the most recent heat network ‘Utility Supply Agreement’.
Repairs, Improvements and Maintenance
39) You must report any repairs that are our responsibility immediately. Should you fail to report such repairs which have caused damage to the property or led to excessive costs being incurred as a result of your failure to report, you must pay us to reimburse us for all such costs incurred.
40) If you are the victim of criminal damage to any part of your home, you must report the matter to West Midlands Police and get a crime reference number. We will then check if someone else caused the damage illegally. If we are satisfied that it was someone else, we will carry out the repair at no charge to you. If we are not satisfied, we will charge you the cost of the repairs.
41) You must keep the property in good decorative order. You must keep the property clean and in good condition, avoiding excessive clutter which may cause health and safety risks or impact on the repair of the property (e.g. fire risks, damp, mould and condensation risks). In addition, you must not tamper with our metering and/or controls.
42) You are responsible for any repairs or works that in our opinion are not due to fair wear and tear. You must make your own arrangements for the completion of such repairs or works at your own expense. Should you fail to do so you must pay us the cost of doing any repair or work which is your responsibility under this clause.
43) We reserve the rights to charge you for any repairs or work to the dwelling, communal areas or appliances that we have to make good which has been caused by your neglect, carelessness and/or deliberate or malicious damage or the same of any persons living with you, any visitor or pet.
44) You must ask for permission to make any additions, alterations or improvements to the Dwelling including its structure, internal and external walls, gardens or fences before you make any changes to the Property. Further you must not erect any fence, structure, shed or outbuilding without written consent.
Examples of alterations to properties include:
45) You must act in a tenant like manner. You are responsible for the repair and maintenance of certain items within a reasonable period of time including but not limited to:
46) You agree to check your smoke detectors and carbon monoxide detectors (where fitted) on a regular basis and report any fault regarding the detector to us as soon as possible.
47) We do not insure your home contents. We will insure the property against fire, flood and other risks covered by buildings insurance and will use all reasonable efforts to arrange for any damage covered by the City of Wolverhampton Council Insurance to be remedied as soon as possible unless the damage is caused by a third party. We do not reimburse for any loss that may arise from an adjoining or neighbouring property. You are responsible for arranging insurance of your own belongings, internal fixtures and fittings and internal decoration. If you cause damage to a neighbouring property, you will be charged the costs of repair.
For more information, please contact your managing agent.
Access
48) You will allow us access to the dwelling for the purpose of conducting a tenancy audit/visit and you acknowledge that failing to do so could impact on your tenancy.
49) We will normally give a minimum of 24 hours’ notice, but in an emergency (e.g. water overflowing into adjoining properties or where someone’s life or physical safety is at risk) we may give you less notice or no notice at all or, if you do not give it or are not in, we may force entry into your home to carry out urgent repairs and/or statutory inspections. If we force entry when you are not in, we will repair any damage caused to locks, doors, windows or frames.
However, if the emergency has arisen as a result of neglect or damage caused by you, people residing with you and/or visitors to your home, or if you are in and have refused access, then you will be responsible for our reasonable costs of obtaining access and repairs required as a result of any damage caused in doing so.
50) In a potential emergency we reserve the right to enter the dwelling using reasonable orce, if necessary, if in the opinion of the visiting officer there is a risk of personal injury to the occupant or occupants of neighbouring dwellings, or other persons or damage to the dwelling or neighbouring properties.
51) We have the right to apply for an injunction to enforce your obligations under this agreement and in serious cases we can ask the Court to attach a power of arrest or exclusion order to the injunction. Further we also have the right to take action against you in any way permitted by law in the future. We may seek Anti-Social Behaviour Injunctions (ASBIs) in Court to control tenants who act in an anti-social manner. We can also take action against you in relation to Housing Fraud in Court which could involve but is not limited to seeking an Unlawful Profit Order and/or prosecution for unlawfully subletting the property.
Health and Safety Inspections
52) We must adhere to a range of legal obligations prescribed within the Health and Safety at Work, etc. Act 1974, the Building Safety Act 2022 and associated specific & themed regulations and guidance documents that fall under these Acts of Parliament, with the aim of eliminating risks where reasonably practicable and managing any residual risks to all affected persons. To discharge these duties, you must provide us reasonable access to your home so that we may undertake inspections, servicing or maintenance.
53) By law we must check the safety of any gas installations and appliances supplied by us in your home every year. You agree to allow us and our contractors access to your home to carry out these checks.
54) By law we must check the safety and function of any fire safety equipment installations, flat entrance fire rated doors and any appliances supplied by us in your home every year. You agree to allow us and our contractors access to your home to carry out these checks.
55) We must check the safety of the electrical installations and appliances supplied by us in your home every five years. You agree to allow us and our contractors access to your home to carry out these checks.
56) We must check the condition of any asbestos containing materials (where present) in your home at regular intervals. The frequency of inspections will be determined by risk assessment. You agree to allow us and our contractors access to your home to carry out these checks.
57) We must check the safety of any lifting equipment, for example hoists, stairlifts, etc supplied by us. The frequency of inspections will be determined by manufacturer of the equipment. You agree to allow us and our contractors access to your home to carry out these checks.
58) We must check the condition of any water storage and pipework in your home at regular intervals. The frequency of inspections will be determined by risk assessment. You agree to allow us and our contractors access to your home to carry out these checks.
59) You will receive reasonable written notice of the date of any inspection, and we can arrange a new appointment if the first is not convenient to you. If you have not allowed us access after we have contacted you, we will take appropriate legal action to get into the property or to begin proceedings to repossess the property. We will also aim to recover from you the cost of taking this legal action.
Essential Works and Moving into Temporary Accommodation
60) Should we require the property to be empty for works, repairs or improvements to be carried out, you agree that you will, on reasonable notice, move to suitable temporary alternative accommodation for the duration of the works, repairs or improvements. Furthermore, you must leave the temporary accommodation and return to the property upon completion of the works repairs or improvements.
Aerials and Satellite Dishes
61) You must obtain our written permission before you fix, or allow to be installed, any aerial for VHF radio or television or a satellite dish to any part of your home or in the garden. You also agree to check whether you require any planning permission to do so. Any aerials or satellite dishes you fit must be the smallest available. You must ensure that any aerials or satellite dishes or any wires do not cause a nuisance to any neighbour and ensure that they are installed discretely.
62) We will not give permission under any circumstances where there is a landlord’s aerial installed to which you have access.
63) You agree that you are solely responsible for any costs associated with the installation, fixing, maintenance or removal of any aerial or satellite dish. Further you agree to pay our costs in rectifying any damage caused by the installation, presence, removal of the aerial or satellite dish or for our costs of carrying out any of your obligations under this clause.
Security Devices
64) You must have our written permission before you install any security device anywhere on the premises. This includes, but is not limited to alarms, CCTV, security cameras and lights. When we give permission, you must ensure that any criteria or requirements are strictly adhered to. You also agree to install any security device in a discreet location and in a way which conforms to the law and does not cause a nuisance to any other person. You also agree to remove any such installation before you vacate the property. You agree to pay for the costs of any removal that we undertake in relation to any security device that has been left in situation.
Wiring
65) You must not allow power cables to extend beyond the boundaries of the Dwelling, for example to outbuildings, shelters, sheds, caravans, mobility scooter shelters and Electric Vehicle charging.
66) You agree to ensure that any wires or pipes attached to the Property in respect of any utility to the Property are fixed securely and discretely so as not to cause a nuisance to any neighbour. You further agree to ensure that such wiring or pipes are maintained and secured discretely at all times. Any wires and pipes which cause or are likely to cause a nuisance to any neighbour may be removed or secured by us. You also agree to pay for the costs incurred by us for any action taken to remove or secure such wiring and pipes.
67) We reserve the right to recharge you if remedial works are needed to return the Property to its original state following any unapproved adaptations or adaptations carried out without the proper certifications (e.g. Electrical certificates).
Anti-Social Behaviour
68) You must not do anything in the property or in the neighbourhood which is of a criminal nature. You must not cause criminal damage to the dwelling or allow or incite any other occupier or visitor to do so.
69) You must not do, or threaten to do, anything which causes, or is likely to cause harassment, alarm or distress to other persons residing, visiting, working or otherwise engaging in lawful activity in the neighbourhood or to any of our tenants, managing agents, employees, contractors or emergency services anywhere. Nor must you allow, fail to prevent or incite anyone living with you (including children) or your visitors to do any of these things.
70) You must not do anything which is likely to be, might become or is a nuisance, annoyance or inconvenience to other persons residing, visiting, working or otherwise engaging in lawful activity in the neighbourhood or to any of our tenants, managing agents, employees, contractors or emergency services anywhere. Nor must you allow, fail to prevent or incite anyone living with you (including children) or your visitors to do any of these things.
71) You or any visitor or person resident in the property must not have bonfires in any outdoor areas within the boundaries of your garden or outdoor communal areas that cause excessive smoke, smell or could be considered dangerous or cause an unreasonable nuisance or inconvenience.
Noise
72) You agree not to use, or permit to be used by any other person residing in or visiting the Property, any electrical equipment that emits noise or play a musical instrument or to operate any other equipment in the Property, garden or communal area in such a manner which could be reasonably considered to cause, or likely to cause, a nuisance or disturbance to any person in the neighbourhood.
73) Further you agree not to cause or permit any noise to be created within the Property in such a manner as to cause or to be likely to cause a nuisance, disturbance or annoyance to any person in the neighbourhood. This includes but is not limited to shouting, arguing, loud singing, door slamming, other vocalised noise, dog barking and using DIY tools/electrical equipment for unreasonable lengths of times and/or late at night and/or in the early hours of the morning.
Drugs and Drug Dealing
74) You must not use the Property or any location within the neighbourhood to use, make, supply or store any drug (unless it is a lawfully prescribed drug for medical purposes) or to cultivate, manufacture or sell any drug. Nor must you allow, fail to prevent or encourage any other person to use, make, supply or store any drug (unless it is a lawfully prescribed drug for medical purposes) or to cultivate, manufacture or sell any drug.
Gang Membership
75) You or anyone living with you must not be a member of a gang, join a gang, or allow a member of a gang to visit the property. When we refer to a gang we mean a group of at least 3 people which:
OR
AND, IN EITHER CASE
OR
Gangs are associations of three or more individuals who adopt a group identity in order to create an atmosphere of fear or intimidation.
Domestic Abuse
76) You must not abuse any person you are personally connected to.
77) The Domestic Abuse Act (2021) states that behaviour is “abusive” if it consists of any of the following:
78) If someone responsible for perpetrating domestic abuse continues to live in the Property and the victim has been forced to leave the Property as a result of the abuse, we will utilise a range of tools and powers to appropriately support domestic abuse victims and manage perpetrators.
Purposes
79) You must not use the Property for criminal, immoral or illegal purposes, including, but not limited to, exploitation and modern slavery. Nor must you allow or fail to prevent anyone living with you (including children) or your visitors to do any of these things.
80) You must not use, or allow to be used, communal areas for any behaviour that causes nuisance, annoyance or inconvenience to any person.
Gardens and Trees
81) You must keep any gardens clean, tidy and free from rubbish and weeds. Lawns should be mowed at frequent intervals. All hedges must be properly maintained so as not to cause a nuisance or endanger the safety of people in the surrounding area. In the event that action is required to address untidy or overgrown gardens, nuisance or endangerment problems, you will be charged for the cost of any necessary work undertaken by us.
82) You must not plant, or allow to be planted, any tree, shrub, bush or ivy within 10 metres of a dwelling where the height of the species will exceed 3 metres in height.
83) You are responsible for the maintenance of any tree within the boundaries of the property unless any of the clauses in this agreement apply.
Use of the Dwelling
84) You agree that when using any communal area such as gardens, refuse areas, staircases, lifts, landings and passages, you will keep them clean and tidy and free from obstruction. If you reside in a block of flats with a rubbish chute you must ensure that this is used appropriately. Removal of any refuse from any landings or communal area will result in you being charged.
85) You must dispose of your household waste responsibly, using your allocated bin(s) and abide by Wolverhampton City Council Guidelines. You must use the appropriate recycling bins, where provided, correctly and must not place or allow to be placed any non-compliant items into the bins. You must not litter or allow any waste to be present in communal areas not contained in the appropriate bins. You must not place anything inside bin chutes which is likely to cause an obstruction to the bin chute.
86) You must not obstruct any communal areas, doors or fire escapes with any bins, household items or bulky waste.
87) You must not lay floor coverings on landings or communal areas, however, individual floor mats (e.g. 60cm in width and 40cm in depth), made from a suitable non-flammable purpose-made material (such as coir) are allowed. You must not place decorative items or materials on landings or communal areas that could create an increased fire safety risk. Discrete items of decoration (such as a small potted plant, or a Christmas Wreath) are acceptable. You must not store, or charge (including the use of power sockets in communal areas), pushchairs, wheelchairs, bicycles, e-bicycles, motor bikes, e-scooters, motorised scooters etc. on landings or internal communal areas.
88) Smoking, vaping, drinking alcohol or using drugs is not permitted in any communal area.
89) You must not operate any business from the property without receiving prior written permission from us to do so. Permission may be refused or revoked if, for example, we are of the view that the business is or is likely to cause a nuisance or annoyance to other residents, businesses or our staff agents or contractors, or if we are concerned it may damage the property.
90) Loft spaces of individual dwellings, where provided, may be used for storage purposes, but as they have not been adapted by us for this or any kind of use, access to these areas is at the tenant’s own risk. These spaces do not form part of the habitable part of the dwelling, so we are not responsible for any damage or personal injury to any person or their property arising from the use of loft spaces. Furthermore, if you use a loft space, you must return it to a clean and empty state when your tenancy ends. Should we have to clear any such loft or attic space you must pay our costs of doing so. Communal loft spaces (those that extend across more than one dwelling) are not to be used by tenants.
Hoarding and Property Neglect
91) You must not use the Property in a manner that is likely to cause a health and safety hazard, fire hazard or encourage vermin and/or pests by hoarding items inappropriately. Nor must you fail to keep the Property in a clean condition.
Vermin and Pests
92) It is your responsibility to keep the property clean to prevent attracting pests. You must take steps to eradicate and treat any pest or vermin infestation within the Property, including contacting the relevant service, and your managing agent, to report any pest related issues and seek necessary treatment.
Ventilation
93) You must ensure that the Property is kept well ventilated. Poor ventilation could lead to issues with damp, mould and condensation. You have a responsibility to reduce or mitigate this this. This includes, but is not limited to:
https://www.bushburyhill.co.uk/repairs/condensation-damp-and-mould/
94) You must report any repair relating to or caused by damp and mould as soon as it is identified.
Laminate Flooring
95) You must obtain our written permission prior to installing floor tiles, laminate or wooden flooring or flooring of a similar nature in all property types. This is reviewed on a case-by-case basis. If you install any such flooring without our prior written permission, we reserve the right to remove or request you to remove it at your own expense and replace it with acceptable flooring. If we have to remedy this; you agree to pay our costs for doing so, whether during your tenancy or after your tenancy agreement has ended.
Building Safety
96) If you live in a flat or maisonette, you must not use or store liquid gas, BioFuel, ethanol or paraffin heaters and must not light barbeques on balconies.
97) You must not store any inflammable, explosive or noxious substances, such as paraffin or petrol, in the dwelling or communal areas.
98) You must notify us and the Fire Service if you need to store home oxygen.
99) You must take all reasonable precautions to protect the premises from fire which includes but is not limited to:
Assignment
100) You may not assign or exchange in any way part with possession of the dwelling while the tenancy remains an introductory tenancy.
Subletting
101) You must not sublet any part or all of the dwelling for the duration of your introductory tenancy.
Lodgers and Maximum Occupancy
102) You may not take in lodgers for the duration of your introductory tenancy. You must not overcrowd the property. A dwelling is overcrowded if the number of people resident is more than the ‘permitted number’.
Vehicles and Parking
103) You may only park private or light goods taxation class motor vehicles in a designated parking area or on the dwelling where a hard-standing and dropped kerb are provided. You may only park further vehicles if there is space for all vehicles to fit entirely on the hardstanding safely.
104) You must obtain our written permission before you park, or allow to be parked by any other person, any motorised camper van, trailer caravan, trailer, HGV, boat, any additional vehicle or any vehicle not permitted in any clause in this tenancy agreement. This applies to hardstandings, parking spaces and car parks provided by us for the use of tenants. We will only grant permission if there is no adverse effect upon neighbours or other occupiers.
105) You must not create any obstruction or park any vehicle, caravan, trailer or boat that would block access for emergency vehicles nor allow any other person to do so. You must not park in either disabled parking spaces (unless you are a blue badge holder) or in parking spaces which are allocated to other occupiers. You also agree not to store, or allow to be stored, any vehicle on any land that belongs to or is managed by us.
106) You must not park on or drive over any footpaths, grassed area including gardens (specific or communal) or verges. Nor will you allow anyone who lives with you or visitors to do so. Any damage caused will result in a charge for reinstatement.
107) You must not park or store a damaged, scrap or un-roadworthy vehicle on land owned or managed by us. Nor will you allow anyone who lives with you or visitors to do so. You will be liable for any costs associated with removal.
108) You must not use any part of the property, land around your home, the road, communal path, parking area or garage site or land owned or managed by us to store, load or unload scrap metal or vehicles to be later stripped down. You must also not strip down vehicles for scrap metal in any of the aforementioned places in this clause. Nor will you allow anyone who lives with you or visitors to do so.
Animals and Pets
109) You must not keep any animal that is unsuitable for the dwelling such as livestock, horses, cockerels or goats, nor must you allow any other person living with you to do so.
For more information, contact your managing agent.
110) You must keep your animals under control when any of our tenants, managing agents, employees, contractors or emergency services visit the property. If requested, you must keep the animals in a secure room during the visit. If your animal causes a nuisance to any council officer, agent, contractor or anyone else, we will ask you to remove it from the property.
111) You must not to allow, permit or cause any animal to create a nuisance, annoy or frighten other people. You must ensure that any animal is kept under control at all times. You are responsible for providing and maintaining any fencing specifically required for control of the animal at your own expense. Further you will pay us the cost of any work necessary to our property or fencing as a result of you failing to control your animal.
112) We reserve the power to withdraw the right to keep a pet at the property and carry out suitable enforcement action if necessary if the type/number of pets is deemed unreasonable or unsafe at the property, if the pet(s) is dangerous, or if the pet(s) are causing a nuisance.
Tenancy Fraud
113) You must not carry out or commit any fraud related to your tenancy. Examples of tenancy fraud include, but are not limited to, subletting the property whether for profit or not, abandoning the property, not telling us the truth about your circumstances which induced us to grant you the tenancy, housing benefit and council tax fraud.
114) Housing fraud can result in criminal prosecution, civil financial penalties and court action to bring your tenancy to an end.
115) We may prosecute you if you commit any type of tenancy fraud as provided for by the Prevention of Social Housing Fraud Act 2013 and the Fraud Act 2006.
116) You agree that, to the best of your knowledge, the information you have provided to us, in agreeing to the terms of this tenancy, is true. Further you will have broken the terms of this tenancy agreement if you have obtained this property by deception, live elsewhere, have another tenancy or any other undisclosed interest in any property elsewhere, claimed succession rights to which you are not entitled, sold keys to the property or unlawfully swapped properties without our consent.
117) Deception includes providing false information of any kind, not providing a full account of your or any other person’s circumstances or encouraging others to do the same.
118) You agree to allow us to undertake a full inspection of the property on reasonable notice and to co-operate fully with the process.
Changes to your Tenancy
119) Sole to Joint Tenancies
120) Joint to Sole Tenancies
Right to Buy
121) You do not have the right to buy your property for the duration of your introductory tenancy.
Succession
122) The right of succession is governed by the Housing Act 1985 as amended by the Localism Act 2011. The right of succession applies only once following the death of the tenant. If a joint tenant dies, the tenancy will continue in the surviving joint tenants name (known as survivorship) who would then solely take on the responsibilities under this tenancy agreement.
the 12 months prior to the death of the tenant.
Where in either of (a) or (b) above, there is more than one person that fulfils the criteria set out, such one of those persons as may be agreed between them or, where there is no such agreement, as selected by us is to be treated as the tenant’s spouse, civil partner or family member (Clause 122 (a) only).
123) We may seek possession of the dwelling where, following succession, the dwelling becomes under-occupied or the dwelling is occupied by persons who do not require use of any special adaptation or features present in the property (for example feature for disabled people). In such cases we will provide suitable alternative accommodation in accordance with our allocation policy.
124) Where there is no legal successor but someone is left in the property, consideration may be given to potentially allow that person to be given a tenancy (which may or may not be at a different property) under the Council’s Allocation Policy and at the Council’s discretion, if:
This does not give the occupier left in possession an entitlement to a tenancy.
General Legal
125) We have the right to extend your introductory tenancy for a period of six months. If we do this we must serve a notice on you at least eight weeks prior to your introductory period ending. The notice will set out the reasons for the extension.
126) If we have served a notice to extend the introductory period you have the right to request a review of the decision. You must do so within 14 days of the notice being served upon you. You may request a review by asking your managing agent.
127) Where access is required due to works which pose a significant health and safety risk and the tenant is refusing access or to decant the property, the managing agent will take legal action to be able to undertake the work. Where the work is necessary but not a “risk”, the work will not be carried out until the property becomes vacant, with the managing agent ensuring that works to mitigate any health and safety risks are carried out. The managing agent will review the legal position in these circumstances.
128) You agree that you will reimburse us for our reasonably incurred costs (including legal costs) in seeking to enforce any of the terms of this agreement, seeking possession of the property or in relation to any legal action taken as a result of anti-social behaviour caused by you, any member of your household or any visitors to your home.
129) We may amend this tenancy agreement in accordance with the provisions of the Housing Act 1985 or any other legislation which may be introduced in future.
Conversion to Secure Tenancy
130) After the Introductory period has finished your tenancy will convert to become a secure tenancy. You will usually receive a letter confirming this. Your tenancy will be governed by our Secure Tenancy Agreement which can be found at www.wolverhamptonhomes.org.uk
Absolute Ground for Possession
131) The Council will be able to choose to use the Absolute Ground for Possession, in addition to or instead of the existing discretionary ground for ASB, where any of the following five conditions are met:
Or
132) Where a landlord applies for possession under the absolute ground the court would have to grant an order for possession, subject to considerations of proportionality and the landlord having followed the correct procedure.
Terminating the Tenancy
The tenancy can only be terminated in one of the following ways:
133) Notice by you. This must be in writing via a letter or tenancy termination form, and signed by you (or a recognised mark) giving a minimum of 4 weeks’ notice to expire on a Monday. This can be received via post, hand delivered to your managing agents office or via email in some circumstances. Please contact your managing agent for further information. Keys must be returned and receipt obtained before 12 noon on the Monday the notice expires.