Tenancy Revision

Section of Tenancy

Amended Content/Wording

What this means to Tenants

Glossary

Independent Living:

Accommodation provided for tenants who are over 55 and that is let for the purposes of independent living where restrictions may apply to how you are permitted to occupy the property and what rights you may have under this agreement.

This new wording reflects the change we have already made, with sheltered housing now referred to as Independent Living. All references to sheltered housing in the tenancy have been amended to read Independent Living.

3. Rent

3.3 Services and Service Charges

3.3.1  We agree to use all reasonable endeavours to provide the Services.

3.3.2 In consideration of us providing the Services, you agree to pay the Service Charges.

3.3.3 The Service Charge shall be calculated by us by apportioning the cost of providing the Services on a fair and reasonable basis as between the dwellings within the Estate which benefit from the Services.

3.3.4 The Service Charge will normally be reviewed annually at the same time as the Rent is reviewed but we reserve the right to review the Service Charge during the service charge year in the event that we incur any costs in providing the Services which could not reasonably have been anticipated at the previous annual review. Any variation in Service Charge will be in accordance with applicable laws.

Any variation in Service Charges will be dealt with in the same way as a variation in your Rent (see clause 3.1.2 above).

3.3.5 If you are provided with any Personal Services by us then in addition to the other charges referred to is this Clause 3.1.2. we will charge you separately for these Personal Services. The charge for Personal Services will be a fair and reasonable one based upon the cost of providing those services to or for you and will be payable annually at the same time and in the same manner as for other payments under this clause 3.1.2.

3.3.6 You have a RIGHT TO APPEAL to the First Tier Tribunal against your Service Charge or Personal Service Charge. Information on the grounds for and how to appeal can be found in schedule to this agreement.

This proposed variation is new wording inserted into the tenancy agreement to deal with service charges.

The Council will apply a service charge to cover reasonable block and estate costs, such as communal cleaning, grounds maintenance and communal lighting, in addition to a separate charge for rent.

The cost of delivering the services will be calculated by the Council and split on a fair and reasonable basis between tenants and leaseholders that benefit from them.

Tenants will be required to pay the service charge in addition to their rent each week.

Tenants will be given at least 4 weeks written notice of any increase in service charge, as they would rent.

Tenants who are not happy with their service charge have the right to an independent appeal. Stroud District Council will publish details of tenants’ appeal rights.

These proposed variations are necessary to provide clarity on how service charges will be applied and what tenants must pay following the de-pooling of rents and service charges.

4. Repairs

4.6.4 You are responsible for insuring the contents of the property. We are not responsible for insuring your furnishings and personal possessions, including the content of fridges, freezers and washing machines. We advise you to have insurance cover or enough money to cover any losses, repairs or the costs of replacing any items that you are responsible for.

If your home becomes un-inhabitable due to fire, flood or for any other reason caused by your actions or failure by you to comply with your obligations under your tenancy agreement we will assist you with finding temporary alternative accommodation; however this may not be local. In these circumstances you will be responsible for the cost of your travel and food and other normal living expenses. If we obtain temporary accommodation for you we may re-charge you the cost of providing that accommodation.

This proposed variation is new wording and gives clarity that tenants should obtain their own household contents insurance for personal items they are responsible for.

The proposed variation also makes clear what action the Council will take to support tenants should their home become uninhabitable as a result of their own actions or failure to comply with the terms of their tenancy.

5. The Property

5.1.4 You must comply with any health and safety directions we give you, including:

•       Lofts must not be used for storage but should be kept clear in case remedial works need to be carried out;

•       CCTV or Video doorbells must not be installed without our written consent and any conditions imposed in that consent must be strictly complied with. We will have regard to the legal requirements relating to privacy and all other relevant matters when considering whether to grant consent which will be at our absolute discretion

5.15 Radon is identified as a potential hazard in dwellings in the Housing Act 2004. You must ensure that radon equipment installed in your property is left to run continuously. If you fail to do so the Local Authority will take enforcement action dependent on the severity of the risk

5.3 If you have shared hallways and gardens you must keep those areas clean and tidy. Personal items such as toys, trampolines, playhouses and other similar objects or structures must not be left in these areas. The construction or erection of sheds, fences, gates and other structures in these areas is prohibited.

This proposed variation gives additional examples of what tenants must/must not do to comply with any health & safety directions issued by the Council.

The proposed variation also gives clear examples of personal items including toys, play equipment, sheds and barriers that tenants should not place in communal areas, including shared gardens, which must be kept clean and tidy.

6. Behaviour

6.1 You are responsible for the behaviour of every person (of whatever age) living in or visiting your home and in doing so accessing or using surrounding land and shared areas. Stroud District Council will not tolerate violence or threats of violence towards any member of its staff. We will work with the police and other agencies in using existing legal remedies against any person using or threatening violence. This may in appropriate circumstances include obtaining injunctions and or a possession order resulting in eviction

This proposed variation is new wording to be added to the tenancy agreement that sets out what conduct is not acceptable. It makes clear what tenants are responsible for and what action the Council will take to deal with it.

7. Changes to Your Tenancy

7.3 Changes to the tenancy conditions and Tenancy Transfers

7.3.1 We may vary the tenancy conditions either by mutual agreement in writing or by appropriate statutory procedures (currently the service of a Notice of Variation under sections 102 and 103 of the 1985 Housing Act). Before doing so, we will seek your views and take account of them.

7.3.2 You can apply to transfer your tenancy through the Homeseeker Plus portal. If you are offered a transfer then an inspection of your current property will take place. If damage or disrepair is identified then the offer of transfer will be withdrawn unless you are able to remedy the damage or disrepair promptly and to our satisfaction

These proposed variations set out the Council’s legal requirements when varying tenancy conditions either by agreement with tenants or through the appropriate statutory process.

The proposed variation also sets out the conditions under which a tenant will or will not be allowed to move to another property having successfully bid through the housing register.