Your Tenancy FAQ

Below is a list of our most frequently asked questions regarding tenancy.

What does it mean to be an assured tenant?
When can you take possession of my home?
What action will you take if I break my tenancy agreement?
Can someone else join my tenancy?
Can anyone inherit my tenancy when I die?
What happens if more than one person is entitled to succeed to my tenancy?
Can I give my tenancy to someone else?
Can I take in lodgers?
Can I sublet part of my home?
What is the difference between subletting and taking in a lodger?
Can you change my tenancy condition?
What is The right to buy?
Can I carry out improvements to my home?
What happens if you refuse to give me permission?
Will improvements I carry out increase my rent?
Will I have any money back for the improvements when I leave?

1. What does it mean to be an assured tenant?

It means you can keep your home for as long as you want, unless there is a legal reason for us to take possession and the court agrees. It also means we have responsibilities to you.

We cannot take back your home and end your tenancy without first getting a court order. We would do this if you have broken the tenancy conditions you agreed to when you signed the tenancy agreement and we are not able to sort the problem out together. Remember, under the tenancy agreement, you are also responsible for the behaviour of your family and your visitors, including their behaviour on the estate or in the local area.

Before we go to court, we must serve you with a Notice of Seeking Possession, which will explain why we are taking this action and which tenancy condition you are breaking. We will give you every chance to put things right to avoid court action.

2. When can you take possession of my home?

We can ask for a possession order for reasons set out in law. These reasons are called ‘grounds’. If one or more of these grounds are broken, we may decide that we need to move you out of your home. To do this, we have to prove to a court that you have broken the rules and that repossessing your home is a reasonable action to take. In some cases, we must provide another suitable home for you. The following list explains some of the main reasons for asking for a possession order, and whether we would rehouse you in those circumstances.

You have not paid the rent, or you have broken tenancy conditions
You have damaged or neglected your home
You, or anyone living in the property, are guilty of harassing, annoying or causing a nuisance to another person or guilty of causing damage, or have been convicted of using or allowing your home to be used for illegal or immoral purposes
You, or anyone living in or visiting your home, are guilty of harassing another person because of their race, colour, religion, sex, sexuality or disability
The condition of your home, any shared area, or furniture we have provided has worsened as a result of being neglected by you or anyone else living in your home
You lied to get your home. In all of the above cases, we do not have to offer you other permanent housing. We will act on behalf of the district council and give you advice and help if you are made homeless and, in some cases, provide temporary housing.
We want you to leave as we need to carry out redevelopment or major work on your home
Your home has been designed or adapted for people with special needs (for the elderly or disabled) and you do not need these facilities and we need the home for a person who does
You have taken over the tenancy after the original tenant died (see the 'Right to succeed to a tenancy' in this section) and the home is larger than you need

This does not apply if you are the wife, husband or partner of the tenant who died.

In cases 7, 8 and 9, we must show reasonable grounds for taking possession and offer you other suitable housing.

This is just a brief summary of the main reasons why we may take possession.

3. What action will you take if I break my tenancy agreement?

If you break any of the rules in the tenancy agreement, we can take action. This could include seeking an injunction or serving an Anti-social behaviour Order. Your housing officer or enforcement officer will visit you or write to you (or both) if you have broken any of the rules. We will then give you an opportunity to put the situation right. If you continue to break the rules, we will serve you with a Notice of Seeking Possession – this is the first legal step we take to repossess your home. The notice gives you four weeks to start putting the problem right. Your housing officer will stay in contact with you to monitor the situation and be there to offer advice and guidance. If you put the situation right, we will not take any further action. The notice is valid for a year so you must continue to follow your tenancy rules. If you do not, we can take action at any time during the 12 months.

If the problem continues, we will ask the court to hear the case and decide what action to take next. For example, this could be an injunction (if you are guilty of harassment) or a court order for you to pay any amounts you owe (such as rent).

At any point, we can stop the action if you sort the problem out. If you continue to break the rules, you are likely to lose your home or go to prison if an injunction has been made against you. If we evict you, you may not be entitled to housing again but you can get advice.

4. Can someone else join my tenancy?

Yes, in certain circumstances. When we house two or more adults together, it is our allocation policy to make tenancies 'joint' tenancies where it is appropriate and your rent account is clear (that is, you must not owe us any money).

We take the same approach if you are the only tenant and want someone to join your tenancy. Because agreeing to this means that your existing tenancy will end and a new one will be created, we have to consider a number of things For example, does that person qualify under Supporting People? Do they have a debt or bad record from a previous tenancy?

Joint tenants are equally responsible for keeping to the tenancy conditions. Either joint tenant can apply for Housing Benefit.

If one joint tenant dies, we will automatically transfer the tenancy to the other tenant or tenants. If this happens, you should tell your housing officer so we can explain the situation in more detail.

If you are living with a partner and your relationship breaks down, you should contact your housing officer to get advice. In some cases, you may need to get legal advice.

If one joint tenant leaves and wants to give up their share of the tenancy, they must contact their housing officer.

5. Can anyone inherit my tenancy when I die?

It may be possible for members of your family to take over your tenancy when you die, either by 'succeeding to it' or by being granted a new tenancy, depending on the circumstances

Your husband, wife or a person living with you as your partner at the time you died
Another family member or relative who has lived with you for at least the last 12 months. We will normally ask for proof of this. If the property is bigger than they reasonably need or if it is normally let to someone with special needs and they do not have these needs, we will offer them more suitable accommodation

6. What happens if more than one person is entitled to succeed to my tenancy?

If your family members or relatives cannot agree who should take over your tenancy, we will decide. We may offer a joint tenancy to avoid causing problems within the family.

7. Can I give my tenancy to someone else?

If you no longer want or are able to live in your home (for example, if you are taken into hospital for long-term care), we may, in some cases, let you give your tenancy away to a family member who could have succeeded to it if you had died. This is called an 'assignment'. Speak to your housing officer about this.

Otherwise, you are only allowed to give away ('assign') your tenancy to someone else if you exchange with someone (see section 7, 'Moving home') or if a court order has been made after your relationship with your husband, wife or partner broke down. If you ask to assign your tenancy, we will respond within 10 working days.

8. Can I take in lodgers?

You can take in lodgers without our permission, although you should let us know. You should consider the following points.

You must not overcrowd your home. Speak to your housing officer if you are not sure
If you are getting Housing Benefit, you must tell the council’s Housing Benefit Section and your housing officer. Taking in a lodger could affect the amount of benefit you receive
If you plan to leave your tenancy, you must make sure that any lodgers have moved out when your tenancy ends and that the property is empty. You will be responsible for repairing any damage they have caused

9. Can I sublet part of my home?

You may be able to sublet part of your home but only with our permission. You cannot sublet all of your home – if you do, you could lose your tenancy. If you are claiming Housing Benefit, you must let the council’s Housing Benefit Section know, as it may affect the amount you receive.

We cannot refuse permission to sublet without a good reason (for example, if doing so will cause overcrowding). If we do refuse, we will give you our reasons in writing within 10 working days.

If you plan to leave your tenancy, you must make sure that any subtenants have moved out when your tenancy ends and that the property is empty. You will be responsible for repairing any damage they have caused.

10. What is the difference between subletting and taking in a lodger?

A lodger usually shares your house and may have meals with you. They will pay you for food bills and upkeep. For Income Support and Housing Benefit purposes, a lodger has one or more meals a day provided and a subtenant does not have any meals provided.

A subtenant has their own use of part of your house, where you would need their permission to go. They would normally do their own cooking and cleaning.

If you are on Income Support or Housing Benefit, you must tell the office that pays your benefit. They will decide whether having a subtenant or lodger affects your claim.

11. Can you change my tenancy condition?

Yes. If we want to change your tenancy conditions, we will write to you to tell you what the change is and when it will apply from. We will give you at least four weeks' notice, during which time we will give you a chance to comment on our proposals.

We will also consult residents' groups about major changes to policies and the way we provide our services. We will listen to your views before we make any decisions.

If you do not want to accept the change, you can end your tenancy.

12. The right to buy

Some tenants have the right to buy their home. The legal rules for this are covered in the Right to Acquire and the Right to Buy schemes. Please call our Housing Options Team on 0800 169 5454 if you want to know more.

13. Can I carry out improvements to my home?

Yes, every tenant has the right to improve their home. You need permission and you must carry out the work to the guidelines we give you. We will only refuse permission if the work could cause us expense or difficulty letting the home in the future. You must ask permission for most changes you make to your home. Just follow these simple guidelines.

Contact your Area Office for an application form. Normally we will let you know within 10 working days if you can go ahead with the work. You need our permission before you start any work.
Get building and planning permission if necessary
Follow the advice and guidance notes your housing officer gives you
You are normally responsible for repairing any damage to your or your neighbour’s home, and repairing, maintaining or replacing any part of the improvement work
Let your housing officer know when the work is finished so we can inspect it. We will need to do this if the work involved making changes to the structure of the property
When you move home, leave fittings in good condition or replace them
Follow the advice we give you before you start work. If the work does not reach the necessary standard, or if you cause damage to our property, we will charge you for any work we have to carry out.

Here are a few examples of the types of improvements you will need permission for

Decorating the outside of your home
Putting in extra electric sockets
Installing more room heaters
Building a shed, greenhouse or pigeon loft
Fitting a new bathroom suite
Fitting new kitchen units or replacing existing ones
Installing or changing central heating
Building a garage or hardstanding for a car
Building a fireplace
Changing windows
Putting up a satellite dish

14. What happens if you refuse to give me permission?

We will not refuse permission without a good reason and only in cases where, for example, it could affect the safety of your house or cause us extra expense. If we do refuse permission, we must give you our reasons in writing. If you think our decision is unreasonable, you can challenge it or take us to court.

15. Will improvements I carry out increase my rent?

No.

16. Will I have any money back for the improvements when I leave?

As long as you get permission for the improvements and make them to the necessary standard, you can claim compensation when you leave your home.