Sir Oswald Stoll Foundation
STARTER TENANCY AGREEMENT
Name and Address
of Landlord
The Sir Oswald Stoll Foundation (‘Stoll’) of 446 Fulham Road,
London, SW6 1DT which is registered with the Social Housing Regulator under
the Housing Regeneration Act and is an exempt charity under the Charities Act
2011.
Name of Tenant
AND…………………………………………..………………………(the ‘Tenant’)
(The names of all Joint Tenants should be written above and the term “Tenant”
applies to each of them. Each Tenant individually has the full responsibilities
and rights set out in this Agreement)
Address
in respect of……………………….………………………………………..………
…………………………………………………...…..……….…(the ‘Premises’)
Description
of Premises
which comprises………………………………………….………………………
…………………………………………………………………………………...…
and is situated on the estate at……………………………………………………...
(the “Estate”)
The dwelling that is the subject of this Tenancy is held by (Stoll in trust for) a
charity and the grant of this Tenancy is a disposition falling within section
117(3) of the Charities Act 2011.
This Tenancy is granted to facilitate the provision of support for the Tenant or a
member of his or her household. Because the provision of support is
fundamental to this Tenancy, it shall be regarded as a breach of this Tenancy if
the Tenant withdraws from the provision of support without Stoll’s agreement or
fails to co-operate with its provision, and in the event of such a withdrawal,
failure to co-operate or breach, Stoll may take steps to end the Tenancy.
The number of people
permitted to occupy
The permitted number allowed to reside in the Premises is ……………….
The Tenancy
The Tenancy begins on…………………………………… and is an Assured
Shorthold Tenancy for an initial period of a week and continuing weekly
thereafter until brought to an end. The terms of this Tenancy are set out in this
Agreement.
This Tenancy is a Starter Tenancy. This means that, for the first 12 months,
the Tenancy will be an Assured Shorthold Tenancy and the Tenant will live in
the Premises as an Assured Shorthold Tenant. Stoll may extend the first 12
month period and, if so, the Tenancy will stay an Assured Shorthold Tenancy
for the period of the extension.
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Tenancy Conversion
As from the first anniversary of the Tenancy start date Stoll may serve a
Conversion Notice on the Tenant, informing the Tenant that this Tenancy is to
be regarded as an Assured (non-shorthold) Tenancy. Stoll will normally serve
the Conversion Notice on the Tenant unless before the first anniversary of the
Tenancy start date:
Stoll has started proceedings for possession; or

Stoll has served a Notice under Section 21 of the Housing Act 1988;

The term of the starter period has been extended.
If the Tenancy converts to an Assured (non-shorthold) Tenancy the Tenant will
receive additional rights effective from that date which are set out in this
Agreement. The other terms and conditions of this Agreement will remain the
same.
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GENERAL TERMS
It is agreed as follows:Your rent and how it
is made up
1.
The weekly payment for the Premises at the date of this Agreement
shall be as set below and payment is due in advance on Monday of
each week.
The Net Rent is
The Service Charge is
The Central Heating and Hot Water Charge is
The Water Charge is
£……….
£……….
£……….
£……….
THE TOTAL RENT PAYABLE IS:
£……….
In this Agreement the term “rent” refers to the total of the net rent,
service charge, central heating/hot water charge and water charge as
set out above or as varied from time to time.
Services
1.2.a)
Stoll shall provide services in connection with the Premises as set out
in the attached Service Charge Schedule.
1.2.b)
The Tenant shall pay the service charge in relation to these services.
Stoll may vary the amount of the service charge upon giving the
Tenant four weeks prior written notice.
1.3.a)
Stoll may in accordance with the provisions of Sections 13 and 14 of
the Housing Act 1988 increase the net rent by giving the Tenant not
less than one (1) calendar month’s notice in writing. The net rent shall
not be increased within fifty two (52) weeks of the last increase or of
the start of this Tenancy. The revised net rent shall be the amount
specified in the notice of increase unless the Tenant refers the notice
to a Rent Assessment Committee to have a market rent determined.
In that case the maximum rent payable for the following 52 weeks shall
be the rent so determined. The rent may be decreased at any time.
1.3.b)
At any time during the Tenancy Stoll and the Tenant may agree that
the rent shall be increased in return for improvements to the Premises
carried out by Stoll and any such agreement shall specify the amount
of the increase, the date from which it shall take effect and the
improvements to which it relates and any such increase shall not
constitute an increase for the purpose of clause 1.3.a).
Water Charge
1.4
The water supply to the estate is metered and the cost apportioned
amongst the users on the estate. Any increase or decrease in the
water charge will be notified to the Tenant in the manner provided by
1.3a) above (changes in net rent). If the charge is increased the
higher charge will be due upon the expiry of the notice.
Other charges
and credits
1.5
Stoll reserves the right to charge as rent:-
1.5a)
The cost of any repairs to Stoll’s Premises necessitated by the
negligence or wilful act of the Tenant or Tenant’s family or guests.
1.5b)
Any legal costs incurred by Stoll as a result of any breach of this
Agreement by the Tenant, the Tenant’s family or guests.
Changes in net rent
Housing Benefit/Credit 1.6
If the Tenant is receiving benefits/credit from the Government or any
other agency to help pay the rent and other charges, the Tenant
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agrees to make sure that Stoll receives the benefit/credit on or before
the date that rent is due. The Tenant is responsible for telling the
relevant Authority promptly if there is a change in circumstances that
may affect the Tenant’s entitlement to benefit/credit.
Unless there are good reasons why the Tenant cannot do so, the
Tenant agrees to pay the rent and other charges direct from a bank
account via direct debit or standing order, whether the Tenant is in
receipt of benefit/credit or not. If the Tenant ends this arrangement
without Stoll’s agreement, this may be treated as a breach of Tenancy
condition.
Benefits Agency
1.7
The Tenant agrees that if rent is owed and the Tenant is receiving
benefits from the Benefits Agency or any other relevant agency Stoll
can ask for a direct contribution from the Tenant’s benefits towards rent
arrears.
Notices
1.8.a)
Any written notice to be served by Stoll on the Tenant shall be properly
served if delivered to the Premises.
1.8.b)
Any written notice by post shall be sent by first class post and shall be
deemed to be delivered two (2) working days after posting.
1.8.c)
Any permission, consent or other document required to be given by
Stoll to the Tenant must be in writing and signed by an authorised
Officer of Stoll.
1.8.d)
Any notice required to be given by the Tenant to Stoll (including
notices in proceedings) must be in writing and left at the offices of Stoll
at 446 Fulham Road, London, SW6 1DT or such other address as
notified to the Tenant by Stoll.
1.9
With the exception of any changes in rent or service charges, or as a
result of Government Legislation, this Agreement may be changed in
the following ways:
1.9.a)
by any change in Legislation which affects the Terms of this
Agreement;
1.9.b)
by agreement between the Tenant and Stoll; or
1.9.c)
by Stoll providing the Tenant with written details of the proposed
changes and a statement explaining their effects. The Tenant will be
asked for comments and be given a reasonable time to reply, usually
twenty eight (28) days. Stoll will consider any comments received
before making a decision and will then issue a written notice of
variation stating the new wording and giving the Tenant twenty eight
(28) days’ notice before the changes take effect. Stoll will make no
variation using this procedure if it would disadvantage the Tenant or
would remove a benefit already given under this Agreement.
Tenancy Terms
1.10
Other Tenants of Stoll are given agreements with similar rights and
responsibilities as contained in this Tenancy Agreement. The
responsibilities under this Agreement apply to the Tenant, the Tenant’s
family, friends and relatives and anyone else living in or visiting the
Premises. This includes children.
Previous Tenancy
1.11
If, before the Start Date of this Agreement, the Tenant was a Tenant of
another of Stoll’s properties, the Tenant must give vacant possession
Changes to the
Tenancy Agreement
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of the previous Premises. Provided vacant possession is given i.e.
there are no persons or belongings left in the Premises, Stoll and the
Tenant agree that the previous Tenancy will end from the date this
new Agreement starts.
Repayment of Former
Tenant Arrears
1.12
If, when the previous Tenancy ends, the Tenant owes any money to
Stoll, the Tenant must agree on how this will be repaid before entering
into the new Tenancy Agreement. Stoll may ask the Tenant to sign a
Schedule setting out the amounts owed and how these will be paid off.
Occupation of the
Premises
1.13
The people who can live in the Premises are those that the Tenant
notified Stoll about when the Tenant applied for housing. If anyone
else comes to live in the Premises for more than four (4) weeks, the
Tenant must notify Stoll in writing of the occupier’s name, age, and sex
and of the accommodation they will occupy. For the avoidance of
doubt, the Tenant is not allowed to sublet the whole or part of the
Premises at any time.
Contracts (Rights of
Third Parties Act)
1999
1.14
The Contracts (Rights of Third Parties) Act 1999 does not apply to this
Tenancy. This means that other people cannot enforce any rights or
obligations under the Tenancy other than Stoll and the Tenant.
Changes in Legislation 1.15
Where this Agreement refers to Acts of Parliament (e.g. Housing Act
1988 etc) those references include any changes on modifications
made to those Acts in the future.
STOLL’S OBLIGATIONS
Stoll agrees:Possession
2.1
To give the Tenant possession of the Premises at the commencement
of the Tenancy.
Tenant’s right
to occupy
Water Charges
2.2
Not to interrupt or interfere with the Tenant’s right to occupy the
Premises except where:
2.2.a)
access is required to inspect the condition of the Premises or to carry
out repairs or other works to the Premises or adjoining Premises or to
inspect the gas or any other appliances after having given at least 24
hours written notice except in cases of emergency; or
2.2.b)
a court has given Stoll possession by ending the Tenancy.
2.2.c)
the Tenant has surrendered the Tenancy or given Notice to Quit, which
has expired.
2.3
Where appropriate to pay the water authority any amounts due to them
and collected from the Tenant by way of water charges.
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Service Charge
Information
2.4
Upon the Tenant receiving a notice under 1.2.b) above to provide the
Tenant upon receipt of a written request details of how the service
charge is made up.
Repair of Structure
and Exterior
2.5.a)
To keep in good repair the structure and exterior of the Premises
including:
i.
ii.
iii.
drains, gutters and external pipes;
the roof;
outside walls, outside doors, outside window sills, window catches and
window frames including necessary external painting and decorating ;
internal walls, floors and ceilings, doors and door frames, door hinges
and skirting boards but not including internal painting and decoration;
chimneys, chimney stacks and flues but not including sweeping;
pathways, steps or other means of access but not general garden
maintenance such as patios and shrubbery;
plasterwork (except minor cracks);
integral garages and stores;
boundary walls, gates and fences where owned by Stoll;
iv.
v.
vi.
vii.
viii.
ix.
2.5.b)
To respond to repair requests from the Tenant in accordance with the
target response times (published from time to time by Stoll) according
to the priority allocated by Stoll to the repair requested and if Stoll fails
to complete a repair within two such target response times to pay
compensation to the Tenant in accordance with the procedures
published from time to time by Stoll.
2.5.c)
To make good and tidy up after it has undertaken any repairs to the
Premises.
Repair
of installations
2.6
To keep in good repair and proper working order all installations
provided by Stoll for space heating, water heating and
sanitation and installations for the supply of water, gas and
electricity, including: basins, sinks, baths, toilets, flushing systems,
waste pipes and overflow systems; electric wiring including sockets
and switches, gas pipes and water pipes; water heaters, fireplaces
fitted fires, ventilation fans and ducts, and central heating installations.
Furniture and
Equipment
2.7
To keep in good repair and working order any furniture or equipment
provided as part of the Tenancy.
Repair of
common parts
2.8
To take reasonable care to keep the common entrances, halls,
stairways, lifts, passageways, rubbish chutes, paths, grounds,
roadways, parking areas, communal gardens, and other such facilities
that Stoll provides from time to time, including the electric lighting,
timeclocks, entry phones, and glazing to communal windows, in
reasonable repair, clean and tidy and fit for use by the Tenant and
other occupiers and visitors to the Estate.
Fire Regulations
2.9
To comply with any fire regulations for the Premises or the Estate and
notify the Tenant of any specific requirements.
Decorations
2.10
To keep the exterior of the Premises and any common parts in a
reasonable state of decoration and to decorate external areas and
internal common parts in accordance with Stoll’s regular maintenance
programme.
Complaints
2.11
To deal fairly and reasonably with any complaint made by a Tenant.
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Any complaint by the Tenant should be put in writing in accordance
with Stoll’s published complaints procedure. If Stoll fails to deal with
the complaint adequately or, in the Tenant’s view, does not comply
with this Agreement, the Tenant can obtain advice and information
about his/her remedies at law from a local Citizens Advice Bureau,
Law Centre, Solicitor, The Residents Panel, The Social Housing
Regulator or the Independent Housing Ombudsman.
Information
2.12
To provide the Tenant with information about how to use the Premises
and gain access to Stoll’s services when required.
Data Protection
2.13
Stoll will comply with the Data Protection Act 1998 as amended from
time to time. Stoll will allow the Tenant to inspect personal information
held about the Tenant and the Tenant can ask Stoll to correct the
information held. Stoll may charge the Tenant for providing copies of
the information. By signing this Agreement the Tenant agrees that
Stoll can disclose personal information which it holds about the Tenant
to third parties if it is reasonable for Stoll to do so in the course of its
business as a provider of social housing. Examples of third parties
Stoll may make disclosure to are other landlords, the police or other
public agencies. Stoll will not disclose sensitive personal information
(e.g. medical records) except with the Tenant’s explicit consent or if
otherwise authorised under the Data Protection Act.
THE TENANT’S OBLIGATIONS
The Tenant agrees:
Possession
3.1.
To take possession of the Premises at the commencement of the
Tenancy and not to part with possession of the Premises or sub-let the
whole or any part of it.
Rent
3.2
To pay the rent and other charges weekly in advance as set out in
clause 1.
Outgoings
3.3
To pay for all electricity and gas used in the Premises, which are
not Stoll’s responsibility.
Use of Premises
3.4
To use the Premises for residential purposes as the Tenant’s only or
principal home and not to operate a business at the Premises without
the written consent of Stoll. In any case where such consent is granted
it may be subject to such conditions as Stoll considers appropriate. If
Stoll does give consent and the business causes a nuisance Stoll may
withdraw consent at any time.
Nuisance and AntiSocial Behaviour and
Harassment
3.5
Not to do any of the following:
3.5.a)
anything which causes or is likely to cause nuisance or annoyance to
anyone in the local area;
3.5.b)
anything which interferes with the peace, comfort or convenience of
other people living in the local area;
3.5.c)
use the Premises for any criminal, immoral or illegal purpose including
selling, supplying or using any illegal drugs, storing or handling stolen
goods or prostitution;
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3.5.d)
harass or threaten to harass or use or threaten violence towards
anyone in the locality of this Premises or the local area;
3.5.e)
harass or threaten to harass or use or threaten violence towards Stoll’s
staff, agents or contractors or any Tenant Representatives;
3.5.f)
use or threaten violence towards anyone living in the Premises;
3.5.g)
use record players, radios, tape recorders, televisions, CD players,
amplifiers, loud speakers, musical instruments or any audio equipment
or device of any kind in a way that will annoy people, or so they can be
heard outside the Premises;
3.5.h)
use any domestic machinery or DIY equipment in such a way or at
such times (e.g. at night or early in the morning) that it causes
nuisance and annoyance to other people;
3.5.i)
not to cause, incite or allow members of the household or visitors to
commit on the Premises or any part of the common areas or in the
local area against any person harassment or threat of harassment on
the grounds of race, nationality, colour, religion, sex, sexual orientation
or disability. Harassment includes but is not limited to any of the
following:
i.
any behaviour or actions which threaten the physical and/or mental
health, and/or safety, and/or security, and/or sense of wellbeing of any
other person;
any behaviour or actions which have a hurtful, detrimental or
destructive effect on any person’s peaceful enjoyment of their home or
surrounding environment;
damage or threats of damage to Premises belonging to another person
including damage to any parts of a person’s home;
writing threatening, abusive, offensive or insulting graffiti; and
any act or omission calculated to interfere with the peace and comfort
of any other person or to inconvenience such a person.
ii.
iii.
iv.
v.
The clause applies to visitors and any household members (including
children).
Stoll may take legal action to evict the Tenant if the Tenant or any
household member or visitor behave anti-socially or are convicted of a
crime.
Pets
3.6
Common parts,
3.7
Drains and waste pipes
Not to keep any dog (with the exception of a registered guide dog) in
the Premises. Not to keep a registered guide dog or any other animal
(other than small birds in a cage or fish in an aquarium) without the
written consent of Stoll, such consent not to be unreasonably refused.
To keep under proper control any animal in the Premises so as not to
cause a nuisance or annoyance to neighbours and to comply with the
“rules for keeping pets” published from time to time by Stoll. If consent
is given and there are any reports of nuisance or annoyance Stoll may
withdraw its consent at any time.
To dispose of any rubbish in the bins provided and to help keep the
common parts of the Estate shared with other tenants or occupiers,
clean, tidy and free from obstruction and to ensure that drains and
waste pipes are not blocked by being used for the disposal of
unsuitable materials.
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Repairs and
Maintenance
3.8.a)
To keep the inside of the Premises clean and in good condition. The
Tenant should redecorate as often as is needed to keep the Premises
in good decorative condition.
3.8.b)
To be responsible for doing minor repairs and replacements for
example:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
replacing keys for example if they are lost or broken;
replacing light bulbs except in communal areas;
replacing fuses;
electric plugs on the Tenant’s appliances;
minor cracks in plaster;
internal decoration including all floor coverings;
plugs for bathroom sinks;
toilet seats and pull chains;
clothes lines and posts except in communal areas;
maintaining any fixtures and fittings that the Tenant has installed;
repairing any part of the Premises damaged due to neglect or
deliberate misuse;
resolving problems with damp and mould caused by condensation
where this has occurred through the Tenant’s negligence for example
by not airing or heating the Premises adequately.
xii.
3.8.c)
To keep any areas shared with other residents clean and tidy and free
of rubbish and not cause any soiling, obstruction, litter, damage, graffiti
or spillages in the common areas.
3.8.d)
To promptly report to Stoll any repairs needed that Stoll are
responsible for.
3.8.e)
To obtain Stoll’s written permission before making any changes or
improvements to the Premises. The Tenant may need to meet certain
conditions such as building regulations or planning approval. If Stoll
refuse permission, reasons will be given in writing.
3.8.f)
Not to damage or cause damage through neglect or misuse to any
parts of the Premises or to areas shared with other residents. If Stoll
have to do any work due to damage caused by neglect, misuse or
failing to report repairs, Stoll will charge the Tenant with the cost and
this will be payable by the Tenant as extra rent.
3.8.g)
If Stoll incur costs when calling on a pre-arranged visit because access
is refused or the Tenant is not in, Stoll will charge the Tenant with the
cost and this will be treated as extra rent. If Stoll have to take legal
action to enforce the right of entry, Stoll will ask the Court for an Order
for the cost of the legal action to be paid by the Tenant.
3.8.h)
Where it is decided that Stoll cannot reasonably carry out necessary
works to the Premises (whether repairs or improvements) with the
Tenant and any household members remaining in the Premises, Stoll
may require the Tenant to move to temporary accommodation for as
long as it takes to carry out the works. Stoll will notify the Tenant when
the works are completed at which point the Tenant will be required to
move back to the Premises.
3.8.i)
Not to fit a satellite dish, television or radio aerial without Stoll’s written
permission.
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Health, Safety &
Hygiene
3.8.j)
To be responsible for repairing and maintaining all improvements and
fixtures and fittings installed in the Premises. If the Tenant leaves
these behind at the end of the Tenancy, they will become Stoll’s
property. If the Tenant removes them, it is the Tenant’s responsibility
to put back the Premises to the way it was before the improvements
were made. If not, Stoll will charge the Tenant the cost of any
reinstatement work as extra rent.
3.9
To ensure the Tenant, the Tenant’s family, anyone living with the
Tenant or visitors to the Premises including children do the following:
i.
xiii.
keep the Premises clean and tidy including any balcony and private
garden. If Stoll have to do works to bring it back to a reasonable
standard, such as removing rubbish, Stoll will charge the Tenant for
this;
keep any balcony area clean, tidy and clear from obstruction. The
Tenant is not permitted to erect screening of any nature, nor to hang
washing, or other items from the balcony, or use such balcony space
for the purpose of storage. The balcony may only be used for garden
furniture and a reasonable amount of plants/pots;
keep all shared areas such as entrances to stairways, corridors and
landings clean and free from obstruction. The Tenant should not leave
any personal belongings or rubbish in these areas. If Stoll have to
remove anything in these areas, the Tenant may be charged with the
cost of this work as extra rent;
put all refuse in appropriate bin bags and dispose of in the chutes,
containers or communal bin areas used for this purpose;
keep washing and drying areas and any other shared areas clear of
rubbish and obstacles;
not use the garden or any other external areas to store rubbish, scrap
metal or vehicle parts (including tyres);
not use any portable oil, paraffin or gas appliances in the Premises
save for sealed oil filled radiators;
not store any flammable material such as gas, paraffin or oil in the
Premises or in the garden or in any sheds or other outbuildings;
not store any vehicles powered by petrol, diesels or paraffin in shared
areas such as hallways;
not throw anything from balconies or windows of either the Premises or
shared areas;
not let anyone who is not known to the Tenant into the building or jam
open any communal or fire safety doors;
not tamper or interfere with the water, electric or gas systems,
installations or meters in or serving the Premises;
not block the corridors, staircases, balconies or lifts.
3.10
Not to do any of the following:
i.
park any vehicle on any land owned by Stoll or on the estate without a
valid road fund licence or in an unroadworthy condition;
park on any land owned by Stoll or in any part of the estate except
where it is designated for parking;
build a parking space, garage or drive without Stoll’s written
permission;
park so as to block roadways, drives, footpaths or other vehicle or
pedestrian access;
park caravans, trailers or boats at the Premises or on any land owned
by Stoll or in any parts of the estate without Stoll’s prior written
permission which, if given, will be subject to the vehicle being parked
in the designated space for which a charge may be made. If Stoll has
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
Vehicles
ii.
iii.
iv.
v.
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vi.
vii.
to remove such a vehicle, the Tenant will be given at least twenty four
(24) hours’ notice and will be charged for the cost of this and any cost
of storage as extra rent;
park any heavy trade or commercial vehicle at the Premises or on any
land owned by Stoll or on any part of the estate except for occasional
parking for loading and unloading purposes;
carry out repairs except minor running repairs to the Tenant’s vehicle.
Where Stoll believes the Tenant may be receiving payment for repairs
Stoll may ask the Tenant to prove that the vehicle is registered in the
Tenant’s name. Should any damage be done as a result of such
repairs, Stoll may carry out work to make this good and charge the
Tenant with the cost as extra rent.
By signing this Agreement, the Tenant authorises Stoll to remove any
vehicle that the Tenant leaves abandoned on the Premises or on the
estate which breaks these conditions or which Stoll thinks has been
abandoned or is dangerous. The Tenant must pay Stoll extra rent to
cover the expenses for removing and disposing of any such vehicle.
Access
3.11
To allow Stoll’s employees or contractors acting on behalf of
Stoll access to inspect the condition of the Premises or to carry out
repairs or other works to the Premises or adjoining Premises or to
inspect any gas or other appliances . Stoll will normally give at least 24
hours written notice but immediate access may be required in an
emergency.
Levels of
Occupancy
3.12
Not to allow the Premises to become over crowded by
permitting more than the number of persons indicated at page 1 of this
agreement to reside at the Premises.
Sub-letting and
Lodgers
3.13.a) Before allowing a lodger to live in any part of the Premises to inform
Stoll in writing of the name, age, and sex of the lodger(s)
and of the accommodation they will occupy.
3.13.b) Not to sub-let the whole or part of the Premises.
Assignment
3.14
Not to assign the Tenancy except:
3.14.a) in furtherance of a Court Order;
3.14.b) where the assignment is to a person who would otherwise have
qualified to succeed to the Tenancy under 4.6 below if the Tenant had
died immediately prior to the assignment;
3.14.c) when exercising the right to exchange referred in 4.13 below (but not
during the first 12 months of the tenancy or any extension period).
In the case of paragraphs b) and c) of this clause the prior written
agreement of Stoll must be obtained.
Trespass
3.15
Not, without prior permission from Stoll, to enter on to the
roof or into any loft, store room, basement or workshop or any part of
any other building retained by Stoll nor to permit members of his/her
household or visitors to do so without such permission.
Provision of
Support
3.16
To engage with the provision of support offered to the Tenant or a
member of the Tenant’s household. Because the provision of support
is fundamental to this Tenancy it will be regarded as breach of this
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Tenancy if the Tenant withdraws from the provision of support without
Stoll’s agreement or fails to co-operate with its provision.
Ending the
Tenancy
3.17.a) To give Stoll at least 4 weeks’ notice in writing ending on
a Monday when the Tenant wishes to end the Tenancy or if Stoll
agrees, to pay four weeks rent in place of such notice.
3.17.b) To allow Stoll access during the notice period to inspect the condition
of the Premises and to carry out any works required, and to pay any
costs incurred by Stoll in carrying out works in default which are the
Tenant’s responsibility.
Moving out
3.18.a) To give Stoll vacant possession, return the keys of the
Premises by 12 noon on the Monday on which the Tenancy ends
remove all furniture, personal possessions and rubbish and leave the
Premises and Stoll’s fixtures and fittings in good and clean condition
and in good decorative order.
3.18.b) In the event that the Tenant leaves any goods or belongings in the
Premises at the end of the Tenancy, the Tenant appoints Stoll as its
agent to dispose of the said goods or belongings in such manner as
Stoll considers fit, including but not limited to destruction or sale.
3.18.c) The Tenant will pay to Stoll any costs it may incur in removing any
such goods or belongings. If the Tenant owes rent the proceeds of
any sale can be offset against the arrears. Alternatively, Stoll may use
the proceeds for its purposes as a Registered Provider of Social
Housing.
3.18.d) Stoll shall have no responsibility for any items left on the
Premises and the Tenant shall have no claim on Stoll however it
decides to dispose of these items.
3.18.e) Any improvements or additions to the Premises made by the Tenant
becomes the Premises of Stoll and must remain when the Tenant
vacates the Premises, unless Stoll has agreed previously in writing to
its removal.
THE TENANT’S RIGHTS
The right to
occupy his/her
Premises
4.1
The Tenant has the right to occupy the Premises free from
interference from Stoll except where access is required
under clauses 2.2 and 3.11 above.
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Security of Tenure
4.2.
The Tenant has the right to remain as a Tenant in the Premises
providing he/she occupies as his/her only or principal home. Stoll can
only end the Tenancy by obtaining a Court Order for Possession of the
Premises on one of the Grounds listed in Schedule 2 of the Housing
Act 1988 (or any other Grounds introduced by future legislation)
alternatively, by serving 2 months’ notice pursuant to Section 21 of the
Housing Act 1988 whilst this Tenancy is an Assured Shorthold
Tenancy.
Some of the relevant Grounds for Possession are set out below in
summary:
Extension of Starter
Tenancy Period
4.2.a)
Stoll wishes to demolish the Premises or carry out extensive
reconstruction works to the Premises, which cannot be reasonably
done with the Tenant in occupation (Ground 6).
4.2.b)
The Tenant owes at least 8 weeks rent at the time a Notice of Seeking
Possession is served and at the time the possession proceedings are
heard (Ground 8).
4.2.c)
Suitable alternative accommodation is available for the Tenant or will
be available when the order for possession takes effect (Ground 9).
4.2.d)
The Tenant has not paid the rent which is due or has persistently failed
to pay the rent on time (Grounds 10 & 11).
4.2.e)
The Tenant has broken or not carried out a condition of this Tenancy
Agreement (Ground 12).
4.2.f)
The Tenant or any member of his/her family have damaged or allowed
to deteriorate through his/her neglect or default the Premises, and
where such damage or deterioration has been caused by someone
living in the Premises the Tenant has not taken reasonable steps to
remove the person (Ground 13).
4.2.g)
The Tenant or anyone living at or visiting the Premises has caused or
is likely to cause a nuisance or annoyance to any person residing,
visiting or otherwise engaging in a lawful activity in the locality; or has
been convicted of using the Premises for immoral or illegal purposes
or has been convicted of an indictable offence committed in or in the
locality of the Premises (Ground 14).
4.2.h)
Where the Premises are occupied by partners and either or both are
Tenants and one partner leaves the Premises due to violence or
threats of violence by the other to that partner or another member of
the family living at the Premises and the Court is satisfied that the
partner who has left is unlikely to return (Ground 14A).
4.2.i)
In order to obtain the Tenancy the Tenant or a person acting on the
Tenant’s behalf made a false statement knowingly or recklessly
(Ground 17).
4.3
Stoll may decide to extend the Starter Tenancy period for a further 6
months. Stoll will make this decision before the end of the first 12
months and will write to the Tenant to inform him/her of the decision to
extend the Assured Shorthold Tenancy. During this period, the
Tenancy will continue as an Assured Shorthold Tenancy.
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Notice Requiring
Possession
4.4
During the first 12 months’ of the Tenancy (or longer if the Assured
Shorthold Tenancy is extended) Stoll will be able to seek an Order for
Possession either by relying on any of the Grounds for Possession set
out in 4.2 or by serving a Notice Requiring Possession pursuant to
Section 21 of the Housing Act 1988. A Notice Requiring Possession
does not require Stoll to show any Grounds for Possession and can
only be served when the Tenancy is an Assured Shorthold Tenancy.
Cessation of Assured/
Assured Shorthold
Tenancy
4.5
If this Tenancy ceases to be an Assured or Assured Shorthold
Tenancy Stoll may end the Tenancy by giving the Tenant 4 weeks’
notice to quit in writing.
4.6.a)
On the death of a Tenant (where the Tenancy is held by one person)
this Tenancy will vest in the Tenant’s spouse or partner (including a
same-sex partner) under Section 17 of the Housing Act 1988, provided
that he or she occupies the Premises as his or her only or principal
home at the time of the Tenant’s death and the deceased Tenant was
not a successor as defined by Section 17(1)c of that Act.
4.6b)
The provisions of a) above do not apply on the death of one Tenant of
joint Tenants in which case the survivor(s) remain as the Tenant(s),
but the last surviving joint Tenant shall be deemed to be a successor.
There can be only one succession. This means that if the Tenant is a
successor there cannot be a further succession.
4.7
The Tenant has the right to information on matters concerning the
management and maintenance of the Estate and the provision of
services and amenities in connection with the Premises.
Right to succeed
to the Tenancy
Right to be consulted
Right to take in lodgers 4.8
and sublet
Subject to 3.13 above the Tenant has the right to take in
lodgers. The Tenant does not have the right to sublet the whole or
part of the Premises.
Right to Assign
The Tenant has the right to assign the Tenancy in the following
circumstances:-
4.9
i.
ii.
iii.
The right to make
improvements
4.10
where an order is made by the Court;
if the assignment is to a person who would succeed to the Tenancy
upon the Tenant’s death;
under the right to exchange. The Tenant does not have this right
during the first 12 months of the Tenancy or any extension period.
The Tenant has the right to make improvements to his/her home
provided that the Tenant has first obtained written permission from
Stoll (which may not be unreasonably withheld) and all other
necessary approvals. Such permission may be conditional upon the
work being carried out to an approved standard. The Tenant also has
the right to be compensated for certain improvements in accordance
with the procedures published from time to time by Stoll, such
compensation to be paid at the end of the Tenancy. The Tenant does
not have this right during the first 12 months of the Tenancy or any
extension period.
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The right to inspect
personal information
held by Stoll
4.11
The Tenant has the right to inspect his/her Tenancy file held by Stoll
although any information provided in confidence will be
removed beforehand. Stoll will endeavour to provide such information
within 5 working days of receipt of request.
Right to repair
4.12
The Tenant has the right to carry out certain repairs which are Stoll’s
responsibility where the Tenant has reported the need for repair in
writing and where Stoll has, without good reason failed to carry out the
repair within 28 days of receiving such a report. This right may only be
exercised in accordance with the relevant legislation. Stoll will refund
to the Tenant the agreed cost of repairs carried out in accordance with
these procedures.
The right to exchange
4.13
The Tenant has the right to exchange this Tenancy by assignment with
another Tenant of a Registered Provider of Social Housing subject to
the prior written consent of Stoll being obtained which will only be
given if the person with whom the Tenant wishes to exchange meets
the criteria set out in Stoll’s allocation policy. Such an exchange shall
be affected either by mutual assignment of the tenancies or by
surrender and re-grant of each Tenancy in accordance with the
relevant legal and regulatory provisions. The Tenant does not have
this right during the first 12 months of the Tenancy or any extension
period.
Where Stoll agrees an exchange the new Tenant agrees to accept the
decorative condition of the Premises as it is and to be bound by all the
clauses of this agreement.
I/We have read, understood and accepted the terms of the Tenancy as set out within this
document and agree to keep to them at all times.
Signature of the Tenant/s
………………………………………………………
………………………………………………………
Signature of the authorised officer of Stoll
………………………………………………………
Date
………………………………………………………
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