PORTFOLIO HOLDER DECISION FORM REF NO1

432

DIRECTORATE

Adult Service, Housing and Health

SUBJECT NCC/NCH Tenancy Agreement

DECISION This is not a key decision because it does not significantly or materially affect more than two wards and the financial implications are less than £500,000

SUBJECT TO CALL - IN YES / NO

Decision taken:- It is recommended that Nottingham City Council gives notice of variation to the terms and conditions of residential tenancies with effect from Monday, 25

th February 2008.

OPTIONS CONSIDERED

Options were considered through formal consultation period (28 days from Monday, 13

th August to Sunday, 9

th September and this was extended to Sunday 30

th

September) to ensure that every contributor had at least 28 days to consider any changes. Tenants received a consultation summary with the July/August edition of ‘News from Nottingham City Homes’; all of the other stakeholders received their consultation draft versions by email or by Post Office distribution. A facility appeared on the website to make sure people could download the full version and comment or comment on-line.

REASONS FOR DECISION(S) Changes have been made to reflect new legislation under the Antisocial Behaviour Act 2003 (which provides for demotion orders and housing injunctions), the Housing Act 2004 and the Civil Partnership Act 2005. The new agreement now provides for this. The Housing Act 2004 has also made amendments to law concerning right to buy and mutual exchange, which have also been incorporated into the new agreement.

AFFECTED WARDS

ALL

THIS FORM SHOULD BE SENT TO COMMITTEE SERVICES WITHIN TWO WORKING DAYS. THE

DECISION IS NOT VALID UNTIL PUBLISHED BY COMMITTEE SERVICES.

PLEASE REFER TO SEPARATE DETAILED GUIDANCE ON THE INTRANET (COMMITTEE ON-LINE) ON

HOW TO COMPLETE THIS FORM BEFORE SUBMITTING TO DECISION TAKER.

1 This reference number will be assigned by Committee Services and be notified to you.

ADVICE SOUGHT Where advice has been obtained a copy of this

advice must have been considered by the decision taker and details of the advice received attached to this form

Yes No Legal Finance Human Resources Equality and Diversity Other (please specify)

DECLARED OFFICER / MEMBER INTERESTS

7

Not Applicable

DISPENSATION BY STANDARDS COMMITTEE

DATE: DISPENSATION REF:

BACKGROUND PAPERS

EXEMPT FROM PUBLICATION

YES NO

Yes No N/A Date DETAILS OF CONSULTATION UNDERTAKEN

Executive Member ___________________

Ward Councillors ___________________

Area Committee ___________________

Other Council Bodies ___________________ Chief Officers Affected ___________________ Trades Unions ___________________ Others (Specify) ___________________ Reasons for not consulting

CONTACT PERSON

Geoffrey Hibbert Hugh Driskell

CONTACT NO 0115 9153516 0115 9157373

AUTHORISED SIGNATORY

CORPORATE DIRECTOR:

DATE

PORTFOLIO HOLDER(S):

DATE

2 Date Published: 2Last Date for Call-in:

RELEVANT OVERVIEW AND SCRUTINY PANEL

1

2 Committee Services will enter these dates.

WARDS AFFECTED: All

REPORT OF DIRECTOR OF HOUSING

TENANCY AGREEMENT

1 SUMMARY All sections of the previous tenancy agreement and conditions have been reviewed. The layout has been changed to make it more user friendly and to assist tenants to clearly understand their rights and obligations. Changes have also been made to reflect new legislation under the Antisocial Behaviour Act 2003, the Housing Act 2004 and the Civil Partnership Act 2005. In particular under the Civil Partnership Act 2005, same sex couples who have had their relationship registered as a Civil Partnership now have the right to be treated exactly as spouses under the succession rules. The new agreement now provides for this. The Housing Act 2004 has also made amendments to law concerning right to buy and mutual exchange, which have also been incorporated into the new agreement. The Antisocial Behaviour Act 2003 provides for demotion orders and housing injunctions.

2 RECOMMENDATIONS It is recommended that Nottingham City Council gives notice of variation to the terms and conditions of residential tenancies with effect from Monday, 25

th February 2008.

3 PROPOSALS

A summary of major changes to the Tenancy agreement can be seen below. A full copy of all changes can be found in Appendix A.

Former Secure Tenants whose tenancy is demoted - A definition of a demoted tenancy can be found in Clause 1.4

The right to succession – clause 2.2

Clause 1.1 now states that Introductory Tenancies can now be extended for a further 6 months.

Clause 3.6 now highlights recent legislation by introducing a duty for the tenant to make sure the home is smoke-free when staff or agents of Nottingham City Council which includes Nottingham City Homes come by appointment to work in a property. This is a health and safety measure.

Clause 3.8 introduces a maximum height for boundary hedges – at the back of the premises 1.4 metres and at the front of the premises 1.8 metres.

Clause 3.6 has been introduced to assist Nottingham City Council to tackle drug related crime and drug related antisocial behaviour.

The signing page introduces photographs for the purpose of tackling fraud and to stop illegal occupation by way of subletting.

4 TIMESCALE FOR IMPLEMENTATION OF PROPOSALS

A Notice of variation is to be served week commencing 14th January 2008; to be implemented by Monday 25

th February 2008.

5 FINANCIAL IMPLICATIONS

The costs of the distribution of the new agreements and the consequential costs of enforcement. There are no significant costs arising from this other than distribution and printing, which will be met from existing budgets. The cost is unlikely to exceed £30,000.

6 LEGAL IMPLICATIONS

The main clauses were used from the present agreement but took the opportunity of the review to improve the layout and simplify the language. The advice of the Council’s legal officers was sought and in 2006 a Barrister was commissioned to comment on the current tenancy agreement with the view to introducing a clause to deal with drug related anti-social behaviour and crime. In his advice he set out guidance on introductory tenancies, secure tenancies and demoted tenancies which he considered was either not adequately covered or not mentioned at all. The advice and comments received have been taken into account in the drafting of the final document submitted for approval.

7 EQUALITY AND DIVERSITY IMPLICATIONS

The Tenancy Agreement is designed to protect tenants and communities; it does not discriminate.

8 RISK MANAGEMENT ISSUES

There is a potential that there may be appeal enforcements from tenants and challenges or questions from the media.

10 CONSULTATIONS

Nottingham City Homes served the preliminary Notice of Variation in August 2007 on all Council tenants and leaseholders entitled to take part in the consultation. Stakeholders including the Police, the Crime and Drugs Partnership, Registered Social Landlords and the Nottingham Hostels Liaison Group were also consulted. The formal consultation period was 28 days from Monday, 13

th August to Sunday, 9

th

September and this was extended to Sunday 30th

September to ensure that every contributor had at least 28 days to consider any changes. Tenants received a consultation summary with the July/August edition of ‘News from Nottingham City Homes’; all of the other stakeholders received their consultation draft versions by email or by Post Office distribution. A facility appeared on the website to make sure people could download the full version and comment or comment on-line. A public meeting was arranged for Tuesday, 4

th September.

11 CRIME AND DISORDER ACT IMPLICATIONS The Antisocial Behaviour Act 2003 provides for demotion orders and housing injunctions and these new powers are reflected in the proposals. A new clause was introduced in June 2007, for use with all new introductory tenancies. As part of Nottingham City Council’s drive to tackle drug related crime and drug related antisocial behaviour. This review was the first opportunity to introduce the drug clause for all secure tenants and stakeholders to comment on the introduction of the same clause for secure tenancies.

12 VALUE FOR MONEY There are no value for money implications arising from this report.

13 List of background papers other than published works or those disclosing

confidential or exempt information None

14 Published documents referred to in compiling this report

Tenancy Agreement for a Council Home – NCH/NCC

Sallyanne Johnson Corporate Director, Adult Services Housing and Health 14, Houndsgate Nottingham NG1 7BE Contact Officer: Geoffrey Hibbert Telephone number: 0115 9153516 Email address: Geoffrey.hibbert@nottinghamcity.gov.uk Contact Officer: Hugh Driskell Telephone number: 0115 9157373 Email address: hugh.driskell@nottinghamcityhomes.org.uk

Comments included from:-

Legal ) Ranjit Bhose (Barrister), Roseann Kane 0115 9154168

Financial ) Bev Angell 0115 9153521

Appendix A

NEW AGREEMENT CURRENT AGREEMENT

Part 1: INTRODUCTION

1.1 General Information to Introductory Tenants

This tenancy agreement is a legal contract. It sets out the responsibilities you have as a tenant and the responsibilities of Nottingham City Council, the landlord. This tenancy agreement is used for:

an Introductory Tenancy, a Secure Tenancy, and a Demoted Tenancy.

Unless you are transferring from a secure tenancy or an assured non-shorthold tenancy with a registered social landlord which has lasted for more than 12 months, you

will start as an ‘introductory tenant’ If you are an Introductory Tenant, your tenancy will last for one year unless you were an assured shorthold tenant of a registered social landlord or an introductory tenant of another property immediately before commencing this tenancy. If this is the case your time in these tenancies will count towards your introductory tenancy period and we will tell you the length of your introductory tenancy. Your introductory tenancy will automatically become a Secure Tenancy after one year unless you breach any of the conditions of the agreement during that period. If you do breach the conditions we may serve you with a notice to extend the Introductory Tenancy period by 6 months or if the breach is serious, to end the tenancy altogether. As an introductory Tenant you will have far more limited rights and if there are problems it is easier to evict you. Before taking either of these actions we will serve you with a formal notice giving our reasons. In the event of us taking action to extend or end your introductory tenancy you will usually have the opportunity to

Discuss matters with your Housing Patch Manager or an officer from Nottingham City Homes’ Central Rents Team

Put things right in some cases [for example, make realistic arrangements to pay off rent arrears or to stop behaviour that causes nuisance or annoyance to neighbours].

In any event you will always have the right to ask for a

This introduction expands on the information to tenants about the agreement, compared to the current one. Status of Demoted tenancy is added. Introductory tenancies can now be extended for a further 6 months.

review of the decision to serve you with a notice.

1.2 Review

If the Council indicates it wants to end your Introductory Tenancy by serving you with a notice of proceedings for possession of an Introductory Tenancy you have the legal right to ask for a review of that decision If a decision is made to extend your introductory tenancy by 6 months, a notice of extension will be served and you have the legal right to ask for a review of that decision. You must ask for this in writing within 14-days of being served with the notice of possession for proceedings of an introductory tenancy or notice of extension. To ask for a review you should write to Nottingham City Homes Ltd, Central Rents Team, the Guildhall, Nottingham NG1 2DE. Nottingham City Homes will carry out a review of the decision. If your application for a review of the decision to serve a notice of possession proceedings for introductory tenancy is not successful, Nottingham City Council can apply to the Court for an order to evict you. If your application for a review of the decision to serve a notice of extension is not successful, Nottingham City Homes will extend your introductory tenancy for 6 months from the date of the expiry of the original introductory tenancy. It is in you best interests to seek independent legal advice as soon as you receive either a Notice of Possession Proceedings for Introductory Tenancy or a Notice of Extension.

This is essentially the same as the “Review” section on page 2 of the current agreement, with additional references to the extension of an Introductory tenancy by 6 months.

1.3 Information to Secure Tenants

It is your right to have exclusive use of your secure tenancy. If the Council wants to evict you it must prove there are grounds for possession to a court and the court grant an order for possession. An alternative course of action to seeking possession is to apply for a demotion order. The Council can only apply for a demotion order where you or anyone living in or visiting your home are in breach of the agreement through antisocial behaviour or by using the tenancy unlawfully or threatening to use it unlawfully, then the Council may have the tenancy demoted by an order of court. As a Secure Tenant you will have a number of rights not

This is additional information for secure tenants compared to current agreement. In particular it refers to the possibility of the tenancy being demoted by the court.

available to Introductory Tenants [see Part 2]

1.4 General Information to former Secure Tenants

whose tenancy is demoted. A Demoted Tenancy will last for a period of 12 months but may be extended if a Notice of Intention to Seek Possession is served in that period. A Demoted Tenant has more limited rights, similar to those of an Introductory Tenancy and if there are any problems with the conduct of your Demoted Tenancy it is easier for us then to evict you than if you are a secure tenant. As a demoted tenant you will not have the right to:

Exercise the right to buy your property Sublet part of the property or take in a lodger Exchange your tenancy Improve or alter your property, or seek

compensation for improvements Assign the tenancy [subject to certain exceptions]

Besides these five exceptions, once the tenancy is demoted all other terms and conditions apply unless the Court orders otherwise. If you do not cause any further nuisance or breach the tenancy another way, you will automatically become a secure tenant again after twelve months.

A Demotion Order has only become available after the current agreement was introduced, and so this section is wholly new.

1.5 Further advice before signing the tenancy

agreement If you require any further advice please ask at the local housing office where you are due to sign the tenancy agreement before signing or alternatively there are a number of advice centres and solicitors in Nottingham who can give you independent advice about your rights and responsibilities.

1.6 Specific information for introductory tenants

Is this an Introductory Tenancy? Yes No As an Introductory Tenant you have fewer rights than a secure tenant for example you cannot:

Apply for the right to buy your home Sub-let part [or all] of your home or take in a

lodger Apply to exchange your tenancy

The tenancy indicator box is part of the current agreement. The 3 bullet points that specify examples of reduced rights compared to a secure tenancy is new.

1.7 PARTIES AND DATES This is a Tenancy Agreement between Nottingham City Council and you, the tenant:

Tenant[s]

First name Last name Date of Birth

1.

2.

3.

The people who will normally live with you

Name Relationship to you Date of Birth

The property ………………………………………… Start of tenancy a weekly tenancy beginning on ……………… Rent £ …………, the full rent payable per

week, due Monday of each week Full rent includes House /flat rent = Supporting people = Alarm equipment = Heating = Caretaking = Insurance = Total Rent Payable = You may be entitled to Housing Benefit, Council Tax Benefit and / or Supporting People Grant to help you with your payments.

The current agreement asks only for the full names of each of the tenants; also the formatting did not encourage staff to ensure this happened.

WEEKLY RENT £

SERVICE CHARGES £

SUPPORT CHARGES £

GROSS WEEKLY RENT £

1.8 GENERAL DEFINITIONS

1) Nottingham City Council – the landlord 2) Nottingham City Homes – the managing agent

responsible for managing the properties of Nottingham City Council

3) Tenant - in a joint tenancy the word ‘tenant’ or ‘you’ means each of the tenants. Your obligations and liabilities apply to each tenant and to all tenants.

4) Communal areas – in flats this means stairs, lifts, landings, foyers or entrance halls, roofs, paved areas, gardens and parking bays

This is more information to tenants that is not available to them in the current agreement.

5) Neighbour – a child or person living in or working in the locality or neighbourhood of the premises or communal area

6) Household – any person living at the property 7) Overcrowding - you must not intentionally cause

overcrowding or exceed the permitted number of people [called ‘units’] for your property. a) Children up to 1 year = nil units b) Children between 1-10 years = 0.5 units c) Anyone over 10 years of age = 1 unit per

person 8) Nuisance may be, but is not limited to the

following: - playing loud music, loud arguments and /or fighting, rubbish dumping, slamming doors, throwing things out of windows, allowing your dog to bark persistently, not keeping your pets under control

9) Guide or assistance dogs – will be dogs specially trained to assist you with a disability.

PART 2 YOUR RIGHTS AS A TENANT

2.1 Right to live in your home without interference so long as:

1) You do not break any of the conditions of the

agreement and do not breach any of the statutory grounds for possession in the Housing Acts 1985 and 1996 or any future law

2) You occupy the premises as your only or main home

3) If you are joint tenants at least one of you must live in the premises as your only or main home. If you fail to do so your tenancy will cease to be secure or introductory and we will serve you with a notice to quit to end your tenancy

4) If your are joint tenants and one of you wants to give up the tenancy there is a requirement to serve a notice to quit. The effect of this is that the tenancy will come to an end. However, we may be willing to give the remaining former tenant[s] a new tenancy for the premises.

5) If you intend to be away from your home for a period longer than 28 days you must inform us in writing before you go. You must provide a forwarding address and telephone number and/ or the contact details of someone we may contact in an emergency. This is important because if you fail to inform us and your home lies empty we may conclude you have stopped using it as your only or main home and serve a notice to quit.

1.1. As the tenant(s) you have the right to live in your home as long as you keep to this Tenancy Agreement.

If we want to evict you for any reason, we must get a Court Order.

However, if you stop living in your home and you are: -

a) The only Secure Tenant, your tenancy will stop being secure and we can serve a Notice to Quit on you at your last known address.

b) Joint Secure Tenants, your tenancy will stop being secure if all tenants stop living in your home, and we can serve a Notice to Quit on you at your last known address.

c) Introductory Tenant, we can serve a Notice of Proceedings for Possession of an Introductory Tenancy on you to end your tenancy.

1.2 If you are joint tenants and one of you gives up their home by giving us notice, the tenancy will come to an end.

However, we may be willing to give the remaining tenant a new tenancy for the premises.

2.2 Right to succession – death of the tenant

Secure tenants - if you have a joint tenancy, the surviving tenant will automatically take over the tenancy upon the death of the other joint tenant. The surviving tenant will be the successor and there will be no further right to succeed as succession can only happen once. If you are a sole tenant who has not succeeded to the tenancy, then your tenancy can be passed on to your spouse or civil partner as long as they are living with you when you die. If there is no spouse or civil partner then certain members of your family may succeed to the tenancy if you die, providing they have lived with you for 12 months ending at your death.

Introductory tenants – if you have a joint tenancy, the surviving tenant will automatically take over the tenancy upon the death of the other joint tenant. The surviving tenant will be the successor and there will be no further right to succeed as succession can only happen once. If you are the sole tenant who has not succeeded to the tenancy, then your tenancy can be passed on to your spouse or civil partner as long as they are living with you when you die. If there is no spouse or civil partner then certain members of your family may succeed to the tenancy, provided they have lived with you 12 months ending at your death. Provided there are no steps taken to end your tenancy, then it will become a secure tenancy on the date it was originally to have become secure for the deceased tenant.

Demoted tenants – if you have a joint tenancy, the surviving tenant will automatically take over the tenancy upon the death of the other joint tenant. The surviving tenant will be a successor and there will be no further right to succeed as succession can only happen once. If you are a sole tenant who has not succeeded to the tenancy then the tenancy can be passed to your spouse, civil partner or partner, provided they have been living with you for at least 12 months at your death. If you do not have a spouse or a civil partner, then the

Information on succession is a new addition.

tenancy can be passed on to a member of your family provided they have been living with you for at least 12 months at your death. Provided there are no steps taken to end the tenancy then it will become a secure tenancy at the end of the demotion period.

2.3 Assignment of tenancy

Secure tenants – a secure tenancy is capable of being passed on by you to another person in the following circumstances:

1) by mutual exchange 2) under certain court orders made under family law

or civil partnership law 3) to a person entitled to succeed to the tenancy

should you die, provided that you have asked permission of Nottingham City council through its agents Nottingham City Homes, which will not be unreasonably withheld.

Introductory tenants – an introductory tenancy is capable of being passed on by you to another person in the following circumstances:

1) under certain court orders made under family law or civil partnership law

2) to a person entitled to succeed to the tenancy should you die, provided that you have asked the permission of Nottingham City council through its agents Nottingham City Homes, which will not be unreasonably withheld

Demoted tenants – a demoted tenancy is capable of being passed on by you to another person in the following circumstances:

1) under certain court orders made under family law or civil partnership law

Information on assignment is a new addition.

2.4 Subletting and lodgers [secure tenants only] – you may, having obtained written permission, sublet part of the property if this does not cause your home to become overcrowded. You may sub-let part of the

property; but you must not sublet the whole property as this invalidates your secure tenancy. You may take in lodgers but we ask you to obtain written permission. If you take in a lodger or sub-let part of the property this may affect any housing benefit you are entitled to. Please make sure you ask for permission and let the housing office have a passport sized photograph of the lodger[s] over 16 years, for our tenancy files.

18: You can take in lodgers, but we ask you to inform us. Usually there will be no problems. However, we may object if taking in lodgers will result in your home becoming overcrowded.

If you claim Housing Benefit to help you to pay your rent, you should check whether your benefit would be reduced if you take in lodgers.

Also: 17) You must not sub-let your entire home. If you do this we will take action to evict you and anyone living at your home.

2.5 Improvements and alterations to your home

[secure tenants only] – you may carry out various alterations and improvements to your home but you must first get our written permission. We will not unreasonably withhold permission but you might also need other permissions e.g. planning permission and /or building regulation approval and/or appropriate certificates from a suitably qualified person. Any work must be done satisfactorily. At the end of your tenancy you may be required to produce the relevant permissions and/or certificates. The improvements and alterations will normally become our property when the tenancy ends. If there are any unauthorised alterations we may remove them when the tenancy ends and charge you for any costs incurred. Where a mutual exchange has taken place you take responsibility for any fixtures and fittings put in by the previous tenant unless we have agreed otherwise.

13. Changes and alterations to

your home You must get permission from us in writing before doing any of the following: -

a) Carrying out alterations or adaptations to your home.

b) Building a garage, shed or greenhouse, pigeon loft, animal cage, fencing or erecting a radio mast.

c) Parking any vehicle or movable object at your home, including in any gardens, yards or on grassed areas near to your home. (Please also refer to Clause 9(c).

d) Planting trees, hedges and tall growing shrubs.

e) Removing any trees, hedges, fencing or boundary walls.

f) Fixing a satellite dish or other aerial if your home is subject to special planning policies. Your local housing office will tell you if your home is subject to any special planning rules.

We will not withhold permission unreasonably. If we do, we will explain our reasons in writing to you.

If you carry out alterations or adaptations at your home without firstly getting permission from us, we may a) Take injunction proceedings to force you to put things right, or; b) Carry out work ourselves to put things right and charge you for the cost of this work.

2.6 Right to compensation – at the end of the tenancy you have the right to claim compensation from us for certain kinds of improvements that were started after 1

st

April 1994. There is however a limited time to make an application. Applications can only be made between the date you hand in the Notice to Quit and up to 14-days after the end of the tenancy.

2.7 Buying your home – You have the right to buy your home subject to certain restrictions. If your tenancy started before 18

th January 2005 you will qualify after 2

years; but if your tenancy started after that date you have

the right to buy your home after 5 years. Certain properties, such as sheltered housing, are excluded from the right to buy. You will not be able to apply to buy your home if you are an Introductory Tenant, though the 12-month period will count toward the qualifying period. A Demoted Tenancy is not eligible for the Right to Buy scheme and any period as a Demoted Tenant will not count toward the qualifying period. We may apply to the court to suspend any application you make to exercise the Right to Buy if you, or those for whom you are responsible under this agreement, having caused nuisance/behaved antisocially or has used or threaten to use the premises for unlawful purposes. Nor is Nottingham City Council obliged to complete the Right to Buy transaction where an application for a demotion order or a Ground 2 possession order based on nuisance is pending.

PART 3: WHAT YOU MUST DO AS A TENANT

3.1 Paying your rent – each week, you must pay all the rent and charges due on your home. Payment is due Monday of each week. Rent payments can be made either monthly or 4-weekly by prior arrangement. Also you must pay off any rent and charges relating to any former tenancies held with us. This should be done by keeping to any repayment agreements you have made or any court orders that exist. If you are joint tenants you are [all] responsible, individually and together, for keeping to all of the conditions of the agreement. This includes paying your rent.

6. Paying your rent and other

charges, including any service

charges and support charges

You must: -

a) Pay all the rent and charges due each week on your home. If we need to change the rent or charges for your home we will give you 4 weeks notice in writing.

It is your responsibility to pay the full rent and charges unless you get assistance under any rent assistance scheme (such as Housing and Council Tax Benefit)

b) Pay off any rent or charges relating to any former tenancies held with Nottingham City Council. You should do this in line with any Court Orders that exist or repayment agreements you have made with us.

If you are a secure tenant and you do not meet your obligations to pay your rent and charges, the Council can take proceedings to obtain a Possession Order, including one that requires you to pay off your arrears. If you do not make these payments the Council can evict you.

You will also be responsible for paying the legal fees arising out of any legal action taken against you because you owe rent or charges.

If the Council has to take you to Court, it will also seek a money judgement against you for the arrears you owe. If the Court makes such an order you will find it hard to obtain credit.

3.2 Changes to the rent – we can change the rent and any of the other charges for your home, but before doing so we will give you at least 4 weeks notice in writing. Normally a variation will occur at the start of each financial year [April].

3.3 Claiming Housing Benefit or Council Tax Benefit – if you claim either Housing Benefit or Council Tax Benefit you must notify Nottingham City Council’s Benefit Section immediately if your circumstances change because the change[s] may affect your benefit entitlement.

3.4 Repairs – you must report any repairs for which we are responsible as soon as you notice them. This includes, but is not limited to, repairs such as blocked drains, water leaks, structural defects and problems with water, gas, electricity and fire appliances. You should report the repairs to the Repairs Call Centre by telephoning 0115 915 2222. You are responsible for carrying out certain repairs to your home. A list is provided in the booklet “Reporting your repairs”. If we need to change this list we will write to you. You must carry out repairs to your home if damage is caused to it by you, a member of your family, someone else living with you, or any visitors to your home, this includes damage resulting from alterations or improvements you have made. If you do not carry out this work we may do the work and recharge you for the reasonable costs incurred.

7. Repairs

a) You are responsible for carrying out certain repairs to your home. A list of these repairs is included in “Reporting your Repairs”. If we need to change this list you will be notified in writing.

b) You must carry out repairs to your home if damage is caused to it by you, a member of your family, someone else living with you, or any visitors to your home. This includes damage resulting from alterations or improvements you have made to your home.

c) You must tell us about any repairs which are needed to your home that we are responsible for. You should report these repairs to the Repairs Call Centre by

telephoning 0115 9152222.

3.5 Access – you will allow our staff, its agents, including Nottingham City Homes, our contractors or anyone else working on our behalf, and companies who provide utilities including electricity, gas and water, access to your home to carry out any necessary

10. Access to your home

a) You must allow our staff, our contractors or anyone else working on our behalf, and companies who provide supplies

inspections or maintenance or repairs or for any other reasonable purpose. You will usually be given a minimum of 24 hours notice in writing unless there is an emergency and this is not possible.

of electricity, gas and water, access to your home to carry out any necessary inspections or maintenance or repairs.

b) You will usually be given a minimum of 24 hours notice in writing unless there is an emergency and this is not possible.

3.6 Smoking in your home –"Smoking" refers to smoking tobacco or anything which contains tobacco, or smoking any other substance. In order to ensure the health and safety of our staff or agents, including Nottingham City Homes, it is your duty to make sure that your home is smoke-free when our employees, staff from Nottingham City Homes or contractors, attend your home by appointment.

3.7 Decorations and cleanliness – you are responsible for keeping your home clean, in a hygienic condition, free of refuse and to a reasonable standard of decoration. If you fail to do so we reserve the right to enter your home in order to carry out necessary works and then charge you the reasonable costs incurred.

8. Decorations and Cleanliness

You are responsible for keeping your home clean, in a hygienic condition, free of refuse and to a reasonable standard of decoration.

3.8 Gardens, hedges, fences and gates, garages

and outbuildings – you must keep the property, including your gardens, yards, hedges, fences and gates, garages and other buildings maintained, tidy and free from rubbish at all times.

1) Hedges should be clipped and kept at a maximum height of 1.8 metres [6 feet] at the back of the premises and 1.4 metres [4 feet 6inches] at the front of the premises. Where the hedge[s] form a boundary with an alleyway you will be responsible for keeping the hedge trimmed to allow access.

2) You must use the bin[s] provided to dispose of

household, garden and recycling waste and make proper arrangements for the disposal of other items including unwanted furniture, and for special medical waste such as needles, syringes and sanitary items.

3) You must not park a vehicle or movable object

such as a caravan in your garden or yard, or on grass verges or open plan areas within the neighbourhood, unless there is a proper parking space, driveway and footpath crossing.

4) You must not park or keep any unsafe vehicle or

unsafe moveable object at your home or in the open air in the neighbourhood.

9. Gardens, Hedges, fences and

Gates, Garages and

Outbuildings

a) You are responsible for making sure that your gardens, yards, hedges, fences and gates, garages and other outbuildings at your home are maintained, tidy and free of refuse at all times.

b) You must use the wheelie bin provided to dispose of household refuse and make proper arrangements for the disposal of other items including unwanted furniture, and for special medical waste such as needles, syringes and sanitary items.

c) You must not park a vehicle or movable object such as a caravan in your garden or yard, or on grass verges or open plan areas, unless there is a proper parking space, driveway and footpath crossing.

d) You must not park or keep any vehicle or movable object at your home or parked on the road or in

a parking area or open space which is unsafe.

3.9 Occupying your home – you must use your home only as a place to live. If you intend to be away from your home for a period longer than 28 days you must inform us in writing before you go. You must provide a forwarding address and telephone number and/ or the contact details of someone we may contact in an emergency. This is important because if you fail to inform us and your home lies empty we may conclude you have stopped using it as your only or main home and we may serve a notice to quit.

16. How you use your home

You must: -

a) Use your home only as a place to live.

You must not: -

b) Run a business or trade from your home unless you have written permission from us. We will not withhold permission unreasonably.

c) Use your home or neighbourhood for any activity that is unlawful.(Please refer to Clause 12 (f) too).

3.10 Conduct in your home – you or anyone residing in or visiting your home must not:

1) Take electricity from the main illegally, 2) Tamper with or damage gas or electricity supplies,

meters, smoke detectors or any other equipment provided by the landlord, its agent or contractors.

3) Store or use dangerous, flammable or explosive liquids, gases or tools in your home or in any communal areas

4) Store motorcycles or mini-motorcycles in your home or in any communal areas, save for mobility scooters, provided they do not cause obstruction or nuisance to others.

5) Run a business or trade from your home unless you have written permission from us. We will not withhold permission unreasonably, but will do so if we feel that the business is likely to cause nuisance to other people, or damage your home. If we give permission, we can later withdraw this permission on reasonable notice. If we do so we will explain our reasons in writing.

6) Use your home or neighbourhood for any activity that is unlawful.

7) Allow your home to become overcrowded by allowing others to come to live there

3.11 Changes to your tenancy – if you are a secure tenant you must get our written permission before:

1) Exchanging your home with another person 2) Signing over your tenancy to someone else 3) Subletting any part of your home.

17. Changes to your tenancy

If you are a Secure Tenant you must get our permission before: -

a) Exchanging your home with another person.

b) Signing over your tenancy to someone else.

c) Sub-letting any part of your home.

You must not sub-let your entire home. If you do this we will take action to evict you and anyone

living at your home.

If you are an Introductory Tenant you do not have the right to exchange, sign over or sub-let any part or the whole your home.

3.12 Antisocial behaviour, nuisance, harassment,

racial harassment and domestic violence – you must act reasonably and have consideration for your neighbours. We will not tolerate antisocial behaviour harassment or domestic violence or domestic abuse and we will take firm action to deal with those carrying out this unacceptable behaviour.

1) As tenant you will be held responsible for any unacceptable behaviour carried out by your family, any other people living at your home, your acquaintances, friends or visitors to your home in addition to your own actions. You will also be held responsible if you incite instruct allow or encourage anyone to act for you. This will apply whatever their age.

2) You must ensure that you, your family, any other

people living at your home, your acquaintances, friends or visitors to your home do not: a) Cause, or behave in such a way as to be likely

to cause a nuisance or annoyance to anyone in Nottingham, including people in the locality and other tenants or residents.

b) Harass or commit any criminal offence towards

any person [or their property] in Nottingham or in the locality wholly or partly on the grounds of colour, race, ethnic origin, sex, sexuality, disability or health, age, religious beliefs or culture, immigration status or any other reason.

c) Be violent towards anyone else, including but

not limited to your partner or former partner[s], other members of your family, or the people related to your partner or former partner[s].

d) Make threats or be violent towards any

Nottingham City Council employee, any employee of Nottingham City Homes, any contractor or anyone working on our behalf, any consultant or City Councillor. This includes when you telephone or visit any Council office or office of Nottingham City Homes, if you are visited at your home, or in any other situation.

e) Use your home or neighbourhood for any activity which is unlawful, including but not

12. Anti-Social behaviour,

Nuisance, Harassment

(including Racial Harassment)

and Domestic Violence

We recognise that most tenants will act reasonably and have consideration for their neighbours. We will not tolerate anti-social behaviour; harassment or domestic violence and we will take firm action to deal with those carrying out this unacceptable behaviour.

As the tenant you will be held responsible for any unacceptable behaviour carried out by your family, any other people living at your home, your acquaintances, friends or visitors to your home in addition to your own actions. You will also be held responsible if you incite anyone to act for you. This will apply whatever their age.

You must ensure that you do not

and that those listed above do

not: -

a) Cause, or behave in such a way as to be likely to cause, a nuisance or annoyance to anyone in Nottingham, including people in your neighbourhood and other tenants or residents.

b) Harass any person in Nottingham or in your neighbourhood on grounds of colour, race, ethnic origin, sex, sexuality, disability or health, age, religious beliefs or culture, immigration status or any other reason.

c) Be violent towards anyone

limited to drug dealing, consuming illegal drugs, storing stolen goods or contraband, benefit fraud, obtaining goods fraudulently, for sexual offences, or for the storage or keeping of illegal guns or other weapons.

else, including your partners or former partners, other members of your family, or the people related to your partners or former partners.

d) Make threats or be violent towards any Nottingham City Council employee, contractor, consultant or City Councillor. This includes when you visit or telephone any Council office, if you are visited at your home, or in any other situation.

e) Use your home or neighbourhood for any activity which is unlawful, including drug dealing, consuming illegal drugs, to store stolen goods or contraband, benefit fraud, to obtain goods fraudulently, for sexual offences, or for the storage or keeping of illegal guns or other weapons. If you break clause 12 the Council may take injunction proceedings and/ or proceedings to evict you.

We may also charge you any reasonable costs associated with action we have to take, including where it is necessary to carry out any repairs or redecorating.

3.13 Drugs – neither you nor anyone residing in or visiting your home may do any of the following when in your home or in the neighbourhood:

1) Possess use store keep or produce drugs; 2) Supply or offer to supply drugs to another person; 3) Possess drugs with the intention of supplying them

to another person; 4) Cultivate any Cannabis plant.

[“Drugs” means any “controlled drug” within the meaning of the Misuse of Drugs Act 1971, and regulations made under it, and any Act[s] replacing it. It does not include any controlled drug, such as methadone, which is in the possession and control of the holder of a lawful prescription for it].

We will always consider applying for possession of your home [which would end your tenancy] if there is a breach of any part of this condition and also if you or a person residing in or visiting your home:

Is convicted of using the home or allowing it to be

used for supplying or offering to supply drugs; Is convicted of any other offence that involves the

home being used for illegal or immoral purposes, including for the storage or keeping of illegal guns or other weapons, or drugs;

Is convicted of any indictable drug related offence committed in, or in the locality, of your home

3.14 Domestic pets – If you live in a property with direct access to its own private garden you are allowed to keep two dogs or cats. If you want to keep more you must get our written permission. Whether or not you have a private garden you are allowed to keep assistance dogs for either yourself or members of your household; such as but not limited to dogs for the blind and dogs for deaf people. Dangerous dogs are not permitted [these are dogs recorded on the dangerous dogs register, such as pitbull terriers]. If you live in a property that is not let with a private garden you may keep small caged pets or fish in an aquarium. Tenants in sheltered schemes without direct access to a garden may not keep a dog or a cat. You are allowed to keep assistance dogs for either yourself or a member of your household. Your responsibility for your pets

1) You must not mistreat your pet[s] 2) You must make proper arrangements to dispose

of animal waste and not allow it to gather at your home, gardens, yards or communal areas

3) You must not allow pet dogs to roam the neighbourhood or to foul footpaths, around the neighbourhood or in public open spaces

4) You must make sure your pets do not annoy, frighten or disturb other people, including employees of Nottingham City Council, their agents or contractors.

5) You must not allow any aggressive animal such as a dog to harm or attack anyone living in or visiting your home or neighbourhood.

15. Pets

You must: -

a) Make proper arrangements to dispose of animal waste and not allow it to accrue at your home.

You must not: -

b) Allow your pets to cause a nuisance or annoyance to other people, including your neighbours.

c) Allow pet dogs to roam the neighbourhood or to foul footpaths, around the neighbourhood or in public open spaces.

d) Allow any aggressive animal such as a dog to harm or attack anyone living in or visiting your home or neighbourhood.

e) Mistreat your pets.

3.15. Extra conditions if you live in a flat or

maisonette. 1) As the tenant of a flat or maisonette you must:

a) Use the rubbish chutes, or refuse bins provided for normal household refuse only. Do not try to force large items down the rubbish chutes or leave them in communal areas or outside your block.

b) Make proper arrangements to dispose of

14. Extra conditions if you live

in a flat or maisonette

As the tenant of a flat or maisonette you must not cause a nuisance or annoyance to your neighbours by acting unreasonably, or by making unreasonable levels of noise such as playing music or watching

special medical waste such as needles, syringes or sanitary items

2) You must not:

a) Cause nuisance or annoyance to your neighbours by acting unreasonably or noisily.

b) Leave things in communal areas to your block or place things on your balcony if you have one [where they might cause a danger or nuisance to others].

c) Park vehicles where they will prevent access to emergency vehicles

d) Keep dogs or cats or other pets other than those in small cages or tanks in your home.

e) Fix an aerial or out-door radio mast or satellite dish without permission from us. We will not unreasonably withhold permission.

f) Throw anything out of the windows or from balconies.

television

You must also: -

a) Use the rubbish chutes or refuse bins provided for normal household refuse only. You must not try and force large items down rubbish chutes or leave them in communal areas or outside your block.

b) Make proper arrangements if you need to dispose of special medical waste such as needles, syringes or sanitary items.

You must not: -

c) Leave things in the communal areas to your block or place things on your balcony if you have one. (Where they might cause an obstruction or be a danger to other people).

d) Park vehicles where they will prevent access for emergency vehicles.

e) Keep dogs or cats, or any other pets other than those kept in small cages or tanks at your home.

f) Erect or fix an outdoor radio mast or aerial or satellite dish without permission from us. We will not unreasonably withhold permission.

g) Store or use dangerous, flammable or explosive liquids, gasses or tools on the premises or in the communal areas to your block.

h) Throw anything out of windows or from balconies.

3.16. Support, care and additional services.

If you have agreed to have support services, these will be provided as an additional service. You must comply with the Agreement you have signed and pay any additional charges for these services for as long as these services are provided to you. If any additional services such as heating are provided to your home you must pay for these services.

19. Support, care and additional

services provided at your home

If you have agreed to receive support services, these will be provided as an additional service. You must comply with the Agreement you have signed and pay any additional charges for these services for as long as these services are provided to

you.

If any additional services, such as heating, are provided to you with your home, you must pay for these services.

3.17 What the Council can do if you break clauses

3.5, 3.6, 3.7, 3.8, 3.9, 3.10 and 3.13 1. If you break these clauses we may take the following

action: 1) Write to you to ask you comply with the clause

or to put things right 2) Give written notice that we intend to enter your

home in order to carry out the necessary work, or

3) Take legal proceedings to get possession of your home or obtain a demotion order and /or action to force you to carry out the tenancy clause and to put things right, or

4) Charge you for the reasonable costs for any work we have to carry out and the legal costs arising out of any action

2. What the Council can do if you breach clause 3.12 The Council will always consider taking injunction proceedings and/or proceedings to evict you. We will also charge you for the reasonable costs associated with action we have taken, including where it is necessary to carry out repairs or redecorating.

11. What the Council can do if

you break clauses 7, 8, 9 or 10

of this Agreement

If you break clauses 7, 8, 9 or 10, we can take the following action: -

a) Write to you to request that you comply with the clause or put things right.

b) Give you written notice that we intend to enter your home in order to carry out necessary work, or

c) Take legal proceedings to get possession of your home and/ or action to force you to carry out the tenancy clause or to put things right, or

d) Charge you the reasonable costs for any work we have to carry out and any legal costs arising out of any action we have to take.

PART 4: WHAT WE MUST DO

4.1 Your right to live in your home - we will not interfere with your rights to occupy your home unless you breach any of the obligations within this agreement. If there is a breach of any of the conditions we will usually give you the opportunity to explain your actions and any circumstances you want us to take into account and put right anything that is wrong, where possible, before we commence court proceedings. We cannot usually bring your tenancy to an end without first serving a notice, telling you why we are taking the action. The tenancy can only be ended: If you are an Introductory or Demoted Tenant when:

We have given you an opportunity to request a review of the decision

Your reasons for asking for a review of the decision to seek possession have been considered by Nottingham City Homes and you have been informed of the outcome of the review.

The correct procedure has been properly followed The court makes a possession order

If you are a Secure Tenant when: We prove one of the grounds of possession set

out in the Housing Act 1985 or the Housing Act 1996; and

The court considers the action reasonable and gives a possession order.

4.2 Repairs and maintenance to your home – we are responsible for the following:

1) Repairs to the structure and exterior of your home. We carry out necessary repairs and maintenance work to the structure and exterior of your home but we are not responsible for decorating the inside of your home; fencing; gardens or yards; driveways or parking spaces; or any shed, garage, greenhouse or anything else put up by you during your tenancy.

2) Repairs to keep installations in working order. We carry out needed repairs and make sure those installations for providing gas, electricity, water and sanitation, and room heating and water heating, are in proper working order.

3) Repairs to communal areas to blocks of flats or maisonettes. We carry out needed repairs to communal areas to blocks of flats or maisonettes, including entrance halls, stairways, lifts, passages, rubbish chutes and bin stores, lighting, door entry systems and intercoms, and other things provided for all residents in the block.

2. We are responsible for the

following:

a) Repairs to the structure and outside of your home

We carry out needed repairs and maintenance work to your home but we are not responsible for decorating the inside of your home; fencing; gardens or yards; driveways and parking spaces; or any shed, garage, greenhouse or anything else built or put up by you during your tenancy.

b) Repairs to keep installations in proper working order

We carry out needed repairs and make sure those installations for providing gas, electricity, water and sanitation, and room heating and water heating, are in proper working order.

c) Repairs to communal areas to blocks of flats or maisonettes

We carry out needed repairs to communal areas to blocks of flats or maisonettes, including to entrance halls, stairways, lifts, passageways, rubbish chutes and bin stores, lighting, door entry systems and intercoms, and other things provided for all residents in your block.

4.3 Gas servicing – we have a legal obligation to inspect and service certain installations in your home for the supply of gas [including flues] every 12-months. In accordance with clause 3.5, [Access] we will give you written notice when we need access to your home for these purposes. However, in cases where we are unable to get access, despite written requests in accordance with our written policy, we reserve the right to force access to your home, solely to enable us to perform our legal obligation. In such cases we will immediately re-

secure your home and rectify any damage caused. We will always consider recharging you for the additional costs incurred.

4.4 Improvements – we will not provide any compensation or carry out work to re-instate your decorations if they are affected by our maintenance or improvement work. In some cases we may agree to give you help towards the cost of re-decorating where we carry out major improvements or alterations at your home. You will be notified in advance if this is the case.

3. Improvements a) We will not usually carry out repairs to put things right where you have carried out work yourself at your home, even if we have given you permission to carry out this work. b) We will not provide you with compensation or carry out work to re-instate your decorations if they are affected by our maintenance or improvement work.

In some cases we may agree to give you help towards the cost of re-decorating where we carry out major improvements or alterations at your home. You will be notified in advance if this applies.

4.5 Consultation – we will consult you on important matters to do with managing and maintaining your property before changing:

1) Any part of this tenancy agreement [other than for rent], we will ask for your opinions and take them into account before deciding to make any changes. If we decide to go ahead with changes to your tenancy agreement, we will give you 4-weeks notice in writing.

2) Any substantial changes to housing management services that may affect you

3) We will use whatever forms of consultation we consider appropriate including newsletters

4. Consultation a) We cannot change your Tenancy Agreement (other than for rent) unless we consult you first. If we want to change any part of your Tenancy Agreement we will ask you for your opinions and take them into account before deciding to make any changes. If we decide to go ahead with changes to your Tenancy Agreement, we will give you 4 weeks notice before introducing the changes. b) We will consult you and take your views into account before making any substantial changes to housing management services that may affect you.

4.6 Serving notices –

1) In the case of secure tenants ordinarily we are required to serve a notice of intention to seek possession before bringing such proceedings, unless the court dispenses with this requirement on the grounds that it is just and equitable.

2) In the case of introductory tenants we are required, in all cases, to serve a notice of intention for proceedings for possession before bringing such proceedings.

5. Ending your tenancy If we want to end a Secure tenancy we must get a Possession Order from the Courts.

If all the tenants stop living in your home we must give you 4 weeks Notice to Quit before taking action to end your tenancy.

If we want to end your tenancy for

3) Any notice or notification which we are required to serve or can serve under this tenancy agreement will be good and properly served if we have in our discretion:

Posted or hand delivered it to your home; or Posted or hand delivered it to your last

known address; or Handed it to you in person; or By fixing it to the home

These notices will include notices of intention to seek possession, notices for proceedings for possession of an introductory tenancy, notices of extension to introductory tenancy, notices of intention to apply for a demotion order, notices to quit, and notices to vary the terms of tenancy [including variations of rent and other charges]

any reason and you are an introductory tenant, we must give you a Notice of Proceedings for Possession of an Introductory Tenancy and offer you the chance of a review before seeking an Order from the Courts to evict you.

We will always try and discuss matters with you before taking action to evict you and we will only take such action if we believe there is a good reason unless we consider that urgent action needs to be taken to protect others.

4.7 Termination – if you breach any of the obligations set out in this tenancy agreement, the action we may take includes but is not limited to sending you a warning letter, seeking an injunction or an antisocial behaviour order, a demotion order [secure tenants] or apply to the court for a possession order. If we issue court proceedings we will also seek to get an order for you to pay the cost of the proceedings. We will usually try to discuss the situation with you before we take action. However, we may not always do this, for example if we believe quick action is needed to protect others.

4.8 Ending your tenancy – if you want to end your tenancy, you must give us at least 4-weeks written notice to quit, ending on a Sunday. Please note if you change your mind we do not have to agree to you withdrawing the notice. In certain circumstances we may agree to end the tenancy earlier than 4 weeks.

1) All keys to the property must be handed in to the area housing office by 12 noon on the [Mon]day after the tenancy ends. If you do not do this we will charge you further week’s rent and any other reasonable costs. No keys must be left with neighbours, friends or relatives.

2) You must pay any rent and other charges for all

the periods you are the tenant[s] including your final week’s rent. Remember, rent is due weekly in arrears, so a further week will be due on the Monday that you return the keys. Rent or any other charges outstanding at the end of the tenancy must be paid. We may refer your account to a debt collection agency for collection.

20. Ending your tenancy

If you want to end your tenancy you must: -

a) Tell us in writing before you leave by giving 4 weeks Notice to Quit, which should expire on a Sunday. Please remember that we do not have to agree to you withdrawing your notice if you change your mind. We may be able to agree to a shorter period of notice in a limited number of circumstances.

b) Leave your home and any gardens, yards or communal areas associated with your home clean, tidy and free of rubbish, unwanted items of furniture or any other belongings.

c) Make good any damage or wilful neglect which has occurred

3) The property must be left in a clean condition and free from your furniture, goods and belongings. You must leave the garden, yards or communal areas associated with your home clean, tidy and free from unwanted items of furniture or other belongings. You must make good any damage or wilful neglect which has occurred to your home during your tenancy and for which you will be responsible, except for fair wear and tear.

4) You must make arrangements to re-direct your

post

5) You must arrange for gas, electricity and water meters to be read before you leave.

6) You must provide us with a forwarding address in

case we need to contact you later.

7) You must allow us to complete an inspection of your home before you leave and by appointment permit us to show prospective tenants around your home.

8) You must make sure your home, garage[s] or

shed[s] are locked and secure before you leave.

9) You must pay reasonable costs for any repairs we have to make because your home has been damaged or because of wilful neglect during your tenancy or the reasonable costs of removal and storage charges when items are left in the property after the termination date.

We will remove and store any items left in the property, but not rubbish or damaged goods, after the termination date for a maximum of 6-months, unless a section 41 Notice in accordance with then provisions of the Local Government [Miscellaneous Provisions] Act has been served, in which case the items will be store for a minimum of 5 weeks. We will notify you of this at your last known address. If the items are not collected we will dispose of them and you will be liable for our reasonable costs of disposal. In the event of the death of the sole tenant, we will normally expect 4-weeks’ notice of the end of the tenancy from the next of kin or executors. Housing Benefit entitlement ends at the death of the sole tenant, however the tenancy will continue until we receive notice / the keys and failure to terminate the tenancy may incur further costs against the estate including unpaid rent. We will end the tenancy the Monday following receipt of keys and the property being cleared, including where this is before the end of the 4 week notice period.

to your home during your tenancy and for which you are responsible for under this Agreement.

d) Return ALL the keys to your home, including communal entry door key fobs, meter cupboard keys and keys to sheds, garages and outbuildings by 9.00 am on the Monday. No keys must be left with neighbours, friends or relatives.

e) Make proper arrangements for the re-direction of post.

f) Arrange for gas, electricity and water meters to be read before you leave.

g) Provide us with your forwarding address in case we need to contact you later.

h) Allow us to complete an inspection of your home before you leave and permit us to show prospective tenants around your home by appointment.

i) Make sure your home, any garages or sheds are locked and secure before you leave.

j) Pay the Council reasonable costs for any repairs it has to do because your home has been damaged or because of wilful neglect during your tenancy, or for the cost of disposing of any items left at your home. k) Pay the Council any rent or other charges for all the periods you are the tenant(s) including your final weeks rent payment. If you do not comply with any parts of clause 19 when you leave and give up your tenancy, the Council may recharge you for any costs it incurs.

4.9 The Data Protection Act 1998 On signing this tenancy agreement you agree to our storing details of your personal communication and access preferences to provide a better service to you. This data will only be kept whilst you have a tenancy and for a maximum of 6 years thereafter. We will only share information for the following purposes except as required by law. This will include:

Utility companies – as there is a legitimate interest to make sure that the service charges are passed on to those responsible for collection

Rental payment – where you leave without paying rent, and no arrangements are in place to do so, we may pass on details to a tracing agency or debt collection company to seek recovery.

Repairs – whether emergency, urgent or repairs at our discretion, we any provide tenant’s contact details to the agents, contractors, or repairers.

Right to Buy enquiries when we have to provide tenant contact details to valuers

Housing Benefit – to assist in maximising your personal benefit income and the income of the Council.

Address for you to serve notice on Nottingham City

Council Under section 48 of the Landlord and Tenant Act 1987, if you need to serve a notice or important legal document on the Council, these should be sent to the Solicitor of the Council, Corporate Services, Nottingham City Council, the Guildhall, Nottingham, NG1 4BT You may contact your local housing office in person, by telephone, by fax or minicom, by e-mail or by writing on issues to do with your tenancy agreement or your home.

Address for the service of

notices on the Council

If you need to serve a notice or important legal document on the Council, these should be sent to the City Secretary, Nottingham City Council, The Guildhall, Nottingham. NG1 4BT. You can contact your local housing office in person, by telephone, by fax or minicom, or in writing on issues to do with your Tenancy Agreement or your home.

TENANCY AGREEMENT FOR A COUNCIL HOUSE

The address of the property covered by this

agreement is:

The tenancy is introductory/ secure which begins on

.…….date…….. 1. I/ we understand that I am/ we are introductory tenant

[s] and that I /we will become secure tenant[s] on the first anniversary of the date that the tenancy started, provided repossession proceedings have not been started against me /us or served with a ‘notice of extension’.

TYPE OF TENANCY

(i) INTRODUCTORY TENANCY (ii) SECURE TENANCY

If you have been issued with an Introductory Tenancy, this will run until

After which you may become a Secure tenant DECLARATION BY TENANT(S)

I/We agree to accept the Tenancy of the above addressed premises and any services provided with

2. I/ we understand that if I/ we have given the council false information in connection with this application which resulted in this tenancy being granted, legal proceedings may be taken and I/ we may be liable to prosecution.

3. I/ we accept this tenancy and confirm that I/ we have

read through a copy of the tenancy conditions and had them explained to me/ us. I/ we accept these conditions.

the Tenancy on the terms and conditions set out in this Tenancy Agreement.

I/We acknowledge receipt of the keys for the premises and agree to return all the keys at the end of the Tenancy.

I/We acknowledge receipt of a copy of this Tenancy Agreement. SIGNATURE

1.

2.

3.

SIGNED ON BEHALF OF THE COUNCIL DESIGNATION

DATE