About your tenancy - One Housing Group

TenantsHandbookThis handbook has been put together toprovide you with important information aboutyour new home and your tenancy.Welcome to yournew homeUnderstandingyour tenancy£ 0 00.00159£0% +32

02. Aboutyour tenancyDeartenant...What is a fixedterm tenancy?Can I subletmy home?X1 ABCGHI75836XYZ

02. About your tenancyThis section contains important informationabout your tenancy agreement.All new tenants receive a Starter TenancyAgreement for the first 12 months of theirtenancy. Following the Starter Tenancy youwill receive one of the following two tenancies:• Fixed Term Tenancy Agreement, or• Assured Tenancy Agreement.Your Housing Officer should have alreadyadvised you which of these tenancies youare eligible to receive.Starter TenancyAll new tenants are given a Starter Tenancyfor the first 12 months. The legal name forthis tenancy is a periodic assured shortholdtenancy. It has limited security and rights;this means that if there are any concernsduring the first 12 months due to issues suchas serious anti-social behaviour, we will askthe court to give us back possession of theproperty. This can be done very easily withoutus having to explain our reasons to the court.If you fail to pay your rent or look after theproperty we may request that the court givesus possession and in these cases we wouldhave to prove our reasons to the court.We use Starter Tenancies to help ourresidents live happily and peacefully in theirhomes. Provided there are no issues, we willgrant you a more secure tenancy at the endof the 12 month period. While you have aStarter Tenancy you do not have a legalright to:• transfer or exchange your home• take in lodgers or sublet the whole or partof your home• make improvements or• acquire (buy) your home.Your housing officer will visit you at sixweeks, six months, and again at nine months.They will work with you to assess whetheryou are having any difficulties and if you needany extra support. At nine months into yourStarter Tenancy, we will decide whether togrant you a more secure form of tenancy.In exceptional cases, we may extend thestarter tenancy for a further six months toallow you more time to put right the reasonswhy anti social behaviour is being caused.Important information aboutyour tenancy agreement

02. About your tenancyFixed Term TenancyIf you were new to social housing whenyou received your Starter Tenancy with OneHousing Group, or if you had an assuredor secure tenancy that started after the1 April 2012, you will be offered a Fixed TermTenancy following the successful completionof your Starter Tenancy. The legal name for aFixed Term Tenancy is a fixed term assuredshorthold tenancy.This tenancy gives you more rights andsecurity than a Starter Tenancy. For example,we cannot end the tenancy before the endof the fixed term without proving to the courtduring a court hearing that you have breachedyour tenancy in some way.We will usually grant you a fixed term tenancyof five years. At the end of the five yearperiod, we will discuss any changes in yourcircumstances. If the property no longer suitsyour needs, if for example you have becomeovercrowded or you have more bedroomsthan you need, we will offer you advice andguidance to help you to find a new homethat better meets your needs which could bewithin One Housing Group’s stock. If at theend of the five years, your home still suits yourneeds, we may give you a new fixed termtenancy. Your housing officer will contact youeach year to review your tenancy and discussany changes in your circumstances. There willbe a final review eight months before the endof the fixed term.In some circumstances, we may offer youa fixed term of only two years, for example,if you are under 25 years of age. Pleaseask to see our Tenancy Policy for detailedinformation on the circumstances under whichyou may be required to move to a new home.The policy is also available on our website:www.onehousinggroup.co.ukAssured TenancyIf you were an existing social housing tenantwhen you were given your Starter Tenancywith One Housing Group and your previoustenancy started before April 2012, youwill be offered an Assured Tenancy afterthe successful completion of your StarterTenancy. An Assured Tenancy gives youmore rights and security than a StarterTenancy. For example, we cannot end thetenancy without proving to a court during acourt hearing that you have breached yourtenancy in some way. An Assured Tenancydoes not have a fixed term and so it doesnot have a set end date.

02. About your tenancyYour tenancy rightsSubletting/LodgersYou may take in lodgers or sub-let part ofyour home as long as this does not result inovercrowding. You are not entitled to sub-letyour home in full; this means you must notrent your home to someone else while youlive at a permanent address elsewhere.This is unlawful and may result in you losingyour home. If the Prevention of SocialHousing Fraud Bill is enacted then thosefound guilty of subletting could also begiven a custodial sentence.You may be granted permission from OneHousing Group to sub-let part of your home;this is where you may let your home while youlive away temporarily. Examples of this includewhere you have to work in another town fora few months or if you are in hospital for aprolonged period of time. You must first getwritten permission from One Housing Groupto be allowed to sub-let part of your home.If you need to live away from your home for aperiod of time, you should discuss the optionsavailable to you with your Housing Officer.You may also take in a lodger with writtenpermission from One Housing Group, aslong as this does not result in overcrowding,and you must continue to live in the propertyyourself. If you are in receipt of benefits thismay effect your entitlement, so ensure thatyou check with your benefits advisor.Please note that starter tenants cannot takein lodgers or part sub-let.Mutual exchangeExisting tenants may wish to conduct amutual exchange with other tenants ofOne Housing Group or another housingassociation or local authority. As it isvery difficult to receive a transfer ofaccommodation in London due to limitedavailable property, a mutual exchange is themost effective way of moving home quicklyand easily. You must obtain consent from OneHousing Group before carrying out a mutualexchange and we may attach conditions tooffering our consent, for example, clearingrent arrears or allowing access for repairs.If you are interested in mutual exchange youare advised to register with Homeswapper, aUK website for social housing tenants lookingto swap homes, www.homeswapper.co.uk.Once you have found another tenant wishingto exchange their home with yours, you mustthen contact your Housing Officer to requestan application form and obtain consentto exchange.SuccessionIn the event of the death of a tenant, anoccupant residing in the same property mayhave a legal right to succeed to (take over)the tenancy; this depends on the occupant’srelationship to the tenant and/or their lengthof occupation. Succession will be granted inthe following order of priority:• a remaining joint tenant (Survivorship)• a tenant’s partner, provided they livedwith the tenant at the time of their deathand it was their only or principal home(Statutory Succession).

02. About your tenancySome tenancy agreements may givesuccession rights to a family member ifthey were living with the tenant as theirmain residence for a period of 12 monthsprior to the tenant’s death.There is only a legal right to one successionper tenancy; therefore if the deceasedtenant was themselves a successor, nofurther succession rights exist. However,some tenancy agreements may allow formore than one succession by consent.Our housing officers will advise any prospectivesuccessors of their rights and assist them asefficiently and sensitively as possible.Joint tenanciesA tenancy can be held jointly in the name oftwo people. If you have a joint tenancy, thetenancy agreement applies to both tenants;this includes paying the rent. If one personmoves out, you will need to tell One HousingGroup without delay. If both joint tenantsagree, one person may be able to revert toa sole tenancy at the discretion of OneHousing Group.If you have a sole tenancy and want tochange to a joint tenancy with your partnerthen this may be possible as long as:• you do not have any rent arrears• you have not breached any condition ofyour tenancy• your partner has lived at the property for12 months or you are married• your partner has no financial interest in anyother property.Please note that starter tenants cannot applyfor joint tenancy.If you have any further questionsabout your tenancy, please readyour tenancy agreement or contactyour housing officer.Please contact your housingofficer if you have anyfurther questions