Your tenancy rights and responsibilities

The Tenancy Agreement

The tenancy agreement is signed by you and the Association during the ‘sign-up’ interview. The tenancy agreement is a legal document and is the basis of the relationship between us. The rights and responsibilities of all parties are set out in the tenancy agreement and are legally binding on all parties.

You will have one of 5 possible tenancy agreements:

Secure Tenancy
Assured Tenancy
Assured Shorthold Tenancy
Assured Periodic Avoidable Rent Tenancy
Assured Short Hold Avoidable Rent Fixed Term Tenancy

Depending on which agreement you have, you legal rights will differ slightly. Your tenancy agreement provides you with the details of your rights to live in the property as long as you keep to the terms of the agreement.

The Association has the right to enter your home to carry out essential work or where we have gained a Possession Order from the County Court. If we do need to gain access we will give you at least 24 hours notice except in the case of an emergency (although we will try to contact you first).

Please note that the Association does not hold spare keys to any of its properties

Right to Occupy

You have the right to occupy the property without interruption or interference from the Association for the duration of your tenancy (except for the obligation contained in this agreement to give access to the Association’s employees or contractors) as long as you comply with the terms of the agreement and have proper respect for the rights of other tenants and other persons in the neighbourhood.

Right to Make Improvements

You may make improvements, alterations and additions to the property including the erection of a television aerial, external decoration and additions to, or alterations in, the Association’s installations, fixtures and fittings, provided that you have first obtained the written consent of the Association and all other necessary approvals (for example, planning permission or building regulations approval).

The Association will not unreasonably withhold its consent but may make it conditional upon the work being carried out to a certain standard. Failure to seek the Association’s consent or to comply with the Association’s conditions shall be a breach of your obligations under your tenancy.

Compensations for Improvements

The Association has a scheme under which you may be compensated for the costs of specified improvements if you leave your home. The scheme shall operate in accordance with the requirements laid down from time to time by the Homes & Communities Agency (HCA).

Right to Consultation

The Association must consult all its tenants before making changes in matters of housing management or maintenance that are likely to have a substantial effect on the tenants.

Right to Information

You have a right to information from the Association about the terms of your tenancy and about the Association’s repairing obligations, its policies and procedures on tenant consultation, housing allocation and transfers and its performance as a landlord.

Please ask the Housing Officer if you would like any information.

Complaints

The Association has a procedure for dealing with complaints raised by tenants on any matter arising from their tenancy, which will operate in accordance with requirements laid down from time to time by the Homes & Communities Agency (HCA). For further details please contact the Housing Officer.

Ending of Your Tenancy

There are only certain circumstances that the Association may want to end your tenancy and that is generally if you have breached the terms of the tenancy agreement.

The following are some reasons that the Association may wish to end your tenancy:

Failing to pay rent or persistently late in paying.
Causing nuisance or annoyance to your neighbours, visitors or people lawfully visiting your home.
Committing an arrestable offence at or near your home or in domestic violence situations.
Damaging the property/fittings supplied by the Association or the surrounding common areas.
Deliberately giving false information when applying for your tenancy.
Breaching any of the terms in the agreement e.g. deliberately allowing more people to reside at your home than is permitted in your tenancy.
Paying or accepting money to exchange your property under the right to exchange.
If we need to redevelop or undertake major works to your home. In this case we will find you alternative accommodation.
Where the resident is a successor but not the spouse of the former tenant (e.g. son or daughter) and is under-occupying the property.
Where the home has special adaptations and is no longer being occupied by someone with those needs.
Where someone becomes a resident who is not entitled to do so under the tenancy agreement.

The Association can only end your tenancy by first obtaining a court order for possession of the property.

Eviction is an action that we will only take as a last resort but on rare occasions this does happen. An eviction would only take place if a tenant is persistently in breach of their tenancy agreement and this can only happen under an order of the County Court.

Moving Out

Moving out of your Petersfield Housing Association home is straightforward:

You must give the Association 4 weeks notice in writing.
You must return all keys before or on the date stated in the letter of termination from us (a late return of keys will result in rent continually being charged on a weekly basis until the keys are returned)
You must leave your home in a clean and tidy state.
You must ensure all furniture and belongings are taken with you when you leave (you will be charged if we have to dispose of any items)

In addition to this, we strongly advise you to:

Leave us details of your forwarding address.
Advise all services that you are moving and make sure you read meters on the final day.

Transfers - moving to another property

You may want to consider moving to another property, either another one of our properties or somewhere else in East Hampshire. In April 2009, the district moved to a sub-regional choice-based lettings system called Hampshire Homechoice which covers the Waiting and Transfer lists, not only for this district but also Havant and Winchester and from 2011 – Test Valley. This means that applications are no longer based on a points system but each application is placed in to a priority ‘band.

If you want to move either to another Petersfield Housing Association property or somewhere else in East Hampshire, Havant, Winchester or Test Valley you must complete an application form which is available from the office. The form must be returned to east Hampshire District Council together with 2 forms of identification e.g. a passport, birth certificate or driving licence. You will then be given a reference number. Once your reference number has been confirmed you will be able to ‘bid’ for forthcoming vacant properties – up to 3 times each week.

For further information or assistance please contact the Housing Officer.

Mutual Exchanges - 'swap' homes

You have the right to exchange your tenancy with another tenant of a housing association or local authority. All parties must receive written consent to exchange from their landlord before they exchange. There is a process that must be followed but consent can only be withheld in certain circumstances. Failure to obtain the approval of the appropriate landlords before moving could mean the loss of a tenancy to both properties – the one you have left and the one you have moved to!

Existing tenants are now able to use Hampshire Home Choice to advertise their properties for exchange, but you must first be registered with this choice-based lettings scheme. Please ask the Housing Officer if you would like any advice or assistance.

Lodgers

Many residents are unsure as to whether or not they are allowed to take in lodgers. To clarify, basically the Association does allow this for secure and assured residents, but not for residents with an assured shorthold tenancy. All we ask is that you put a request in writing before you move a lodger in. Please note that taking in a lodger may affect your right to claim some benefits.

As the tenancy is in your name, you remain responsible at all times for the actions and/or behaviour of the lodger. A lodger will not be permitted to stay at the property if you leave.

Sub-letting

If you have an assured or secure tenancy you have the right to sub-let part of your home (but not all of it) and you must first obtain our permission in writing. If you do not obtain permission first you will have broken your tenancy agreement and could lose your home.

Succession

If you have a secure or assured tenancy, another member of your family may have the right to take over your tenancy when you die. This is why you must always inform the Association of any changes to your household. The qualifying person may be your spouse, partner, son or daughter, parent, grandparent, brother, sister, uncle, aunt, nephew or niece (the term ‘’partner’’ includes gay or lesbian partner).

There are however, some rules that apply to succession as follows:

The relative must have lived with you for 12 months and the property must have been their main or only home when you died.
If more than one family member qualifies to succeed to the tenancy, they should agree between themselves which one will claim it. If they can not agree, Petersfield Housing Association will decide.
Any claim to succeed to your tenancy must be made to the Association in writing within one month of your death.

There is only one ‘statutory right of succession’. Please ask the Housing Officer for advice.

Assignment of Tenancy

You are not usually allowed to pass on or ‘assign’ your tenancy to someone else whilst you are living at the property. There are some exceptions but only with the prior approval of the Association.

If the person to whom you pass the tenancy is a member of your family who would have the right to succeed to your tenancy after your death. You must get the Association’s written consent before doing this. If you assign your tenancy to another family member you would be giving up the rights to occupy your home.
If you carry out a mutual exchange.
If a court has made an order that the Association should transfer the property from one tenant to another.

Please note that without the Association’s permission, if you do assign your tenancy and move out, those remaining will be classed as unauthorised occupants and we will take steps to legally end your tenancy and evict anyone from the property.

If you would like further advice about assignimg your tenancy, please contact the Housing Officer. You may also wish to seek legal advice.

Pets (do's and dont's)

Petersfield Housing Association does – in most cases – allow residents to keep pets. In respect of dogs and cats you should request in writing our permission to keep such animals, but with smaller caged animals such as hamsters or birds, this permission will not be necessary.

Permission granted will be on the understanding that you will be entirely responsible for the animal and any damage caused will be your responsibility to repair. If your pet causes a nuisance to your neighbours, we will ask you to find another home for it.

If you are thinking about getting a pet and have any concerns, please contact your Housing Officer who will be happy to explain further.

Contents Insurance

The Association will always encourage residents to take out insurance on personal belongings. Although the building insurance is the responsibility of PHA, your personal effects and contents of your home is your responsibility

We strongly recommend that you take out your own home contents insurance. We do actively promote a very competitive scheme run through the National Housing Federation. This scheme offers an easy, affordable way to insure the contents of your home.

For more details, please contact the Housing Officer.