Notice of Variation
(Date as post marked)
To take effect from Monday 4th May 2009
This notice is given in accordance with Sections 102 and 103 of the Housing Act 1985
Cambridge City Council varies the terms and conditions of your secure or introductory
tenancy with effect from Monday 4th May 2009.
The variation effected by this notice is to substitute new conditions of tenancy for the
existing tenancy conditions. A copy of your new tenancy agreement is enclosed – you
should read the contents carefully and keep the document in a safe place. DO NOT SIGN
AND RETURN IT. The enclosed tenancy agreement replaces your existing tenancy
agreement
When we sent you the Preliminary Notice of Variation in December 2008 we enclosed a
summary of the main changes. This final version has taken account of the feedback we
received during the consultation and highlights amendments made.
All sections of the previous conditions of tenancy and tenancy agreement have been
reviewed. The layout has been changed and more information has been added to help
tenants to clearly understand their rights and responsibilities.
Cambridge City Council Executive Councillor for Housing approved the final version of the
new tenancy agreement at the meeting of Housing Management Board (Scrutiny Committee)
on 10th March 2009.
We have taken account of changes in legislation, for example the Anti-social Behaviour Act
2003, the Housing Act 2004 and the Civil Partnership Act 2005. The Housing Act 2004 made
amendments to law concerning right to buy and mutual exchange.
If you have difficulty reading this document because of a disability or because English
is not your first language, we can help you. Please call your local area office or our
Customer Contact Centre on 01223 457000.
We have tried to ensure that this Notice of Variation is only sent to tenants who are currently
a secure or introductory tenant of the Cambridge City Council. If you do not have a secure or
introductory tenancy, and have received a Notice of Variation, this Notice does not apply to
your tenancy and this Notice has been sent in error. Please ignore this Notice and accept our
apologies
Summary of the changes
The new document brings together the sign-up documentation, and conditions of tenancy for
introductory, secure, demoted and sheltered tenancies in one document.
Layout and presentation of the document
We have made significant changes to the way the document is set out. The agreement is
now set out in the following sections.
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
~ About Your Tenancy
~ Tenancy Agreement for a Council Property
~ How Much will Your Home Cost
~ Living in Your home ~ Your Rights
~ Living in Your home ~ Our Responsibilities
~ Living in Your home ~ Your Responsibilities
~ The Agreement (signatures)
~ Meaning of Words
~ Index / Translation page
Section 1 ~ About Your Tenancy
This is a new section and gives brief details of:
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Introductory tenancies
Secure tenancies,
Demoted tenancies
Sheltered housing (Older Peoples housing)
Some tenancy terms only apply to particular types of tenancies. These are shown in the
agreement.
Section 2 ~ Tenancy Agreement for a Council Property
This is a new section in the agreement and will apply to all tenancies granted after the
agreement is introduced. The section sets out the address of the home, which (if any)
garden is associated with the home, what sort of tenancy is being accepted and who will live
in the home.
Who will live in the home? This sets out who the tenancy is being granted to and all the
people who will live in the home at the start of the tenancy.
The maximum number of people allowed to live in your home. You will be informed of the
maximum number of people who are allowed to live in your home with regard to the
overcrowding legislation at the start of your tenancy.
Section 3 ~ How Much Will Your Home Cost?
This is a new section in the agreement.
All of the charges that are associated with your tenancy will be detailed in this section
including any support charges and service charges.
Paying for your home
The section sets out the rent and any other charges for your home and are payable in
advance and are due on Monday each week. We have added that you must pay your rent
and other charges when they become due, without any deduction or set off whatsoever.
Details your obligations for paying your rent, including joint tenants’ responsibilities, how we
may increase your rent, paying for services, supporting people charge and what can happen
if you do not pay your rent.
Information only: In some circumstances we may include in your tenancy agreement an
obligation to pay arrears of rent from a previous Council tenancy. If we do this details will be
added to your agreement. Some of our existing tenants have this obligation – if you do, then
this will be set out in your existing tenancy agreement and will continue to be in place.
Introductory Tenancies. Details of what an introductory tenancy means.
Section 4 ~ Your Rights
Right to live in your home: This is a new term in your agreement setting out your right to
live in your home without us interfering as long as you do not break the terms of this tenancy
agreement.
Right to information: This is a new term in your agreement telling you what information
you have a right to request from us.
Improvements and alterations (secure tenants only) this is a changed term and now
details what you need our permission for, examples of work we consider to be improvement’
and alterations and your right to claim compensation for work that you do.
Compensation for improvements: This is a new term in your agreement setting out your
rights to claim compensation for work you carry out in your home.
Other rights you may have
Right to take in lodgers and sublet part of your home (secure tenants only) this section
gives more detail on your rights to take in lodgers and sub-let part of your home.
Assignment of Tenancy: This is a new term in your agreement detailing how you can
pass your tenancy onto another person.
Mutual Exchange (secure tenants only): This is a new term in your agreement setting
out your rights to exchange your home with another tenant and in what circumstances an
exchange may be refused.
Succession – death of a tenant: This is a new term in your agreement setting out the
rights of secure, introductory and demoted tenants in the event of the tenant dying and a
member of their household taking over the tenancy.
Right to Buy (secure tenants only): This is a new term in your agreement detailing in
what circumstances you may be able to buy your home.
Section 5 ~ Our Responsibilities: This is a new section in your agreement
Repairs and maintenance to your home: This is a changed term that details the
responsibilities the City Council to repair and maintain your home. We have given more detail
of the repairs that we will be responsible for, and clearly stated that we will not repair
improvements and alterations carried out by you.
Gas safety inspections and servicing: This is a new term in your agreement. We have
set out the Council’s obligations under (Installation and Use) Regulations 1998 to inspect and
service certain installations.
Section 6 ~ Your Responsibilities
Moving in: This is a new Term in your agreement and places a new obligation on you to
move into your home within 14 days of signing your tenancy agreement and pay your rent
from the day you sign your tenancy agreement.
Paying your rent: This is a changed term and details when you must pay your rent, who is
responsible for rent, other charges and rent arrears, and what action the Council can take if
you do not pay your rent and other charges on your home.
Using your property as your home: This is a changed term and sets out the requirement
that must live in your home and use it as your only or principal home, and gives more detail
on your obligation to inform us if you are away from home for more than 28 days. You must
continue to pay your rent even if you are away from home.
Running a business from your home: This is a changed term that includes more detail
Smoking: This is a new term in your agreement and places new obligations on tenants
with regard to smoking and introduces a duty not to smoke in enclosed communal areas of
your home. It also places an obligation on the tenant to make sure their home is smoke-free
when employees of the Council, our agents or contractors attend by appointment to work in
your home.
Sheltered housing only: This is a new term in your agreement and places a new
obligation on tenants of sheltered housing, who must not smoke in communal gardens,
except in the designated smoking areas.
Nuisance and Anti-social or illegal behaviour: we have made substantial changes to
this section.
This section includes new terms and places new obligations on tenants.
Nuisance: This is a changed term that gives examples of what the Council considers may
cause nuisance, annoyance or disturbance to your neighbours.
Racial and other harassment: This is a changed term that gives a list of groups against
whom tenants or anyone living in or visiting their home must not discriminate or harass and
give examples of what discrimination or harassment may include. It also gives details of the
sort of material, which may not be displayed, at your home and in the locality.
Violence including Domestic Violence: following consultation responses we have changed
this paragraph as shown below.
Violence and Threats: This term places a new obligation on tenants or anyone living in or
visiting their home, not to make threats or be violent towards any City Council employee,
contractor, City Councillor or consultant working on behalf of the Council and places a new
obligation on tenants not to make threats or be violent towards anyone else in the locality
Domestic Violence: This is a changed term that defines domestic violence, and places a
new obligation on tenants not to make threats or be violent towards anyone who is or has
been your intimate partner, family member or member of the same household, whether they
are living with you or in the locality. You must not use domestic violence to make anyone
who lives with you leave your home.
Unlawful use of your home: This is a changed term that now gives examples of unlawful
activity, what the Council will do if you breach this term and a definition of “drugs”
Damage :This is a changed term and places an obligation on tenants or anyone living in
or visiting their home, not to damage your home, and explains that the Council will charge you
the reasonable costs of putting right any damage deliberately or negligently caused by you or
anyone living in or visiting your home.
Following consultation we have changed the Damage clause to:
Damage
You, anyone living with you or visiting your home (including children) must not deliberately or
negligently damage any Council property (this includes putting graffiti on any of our property).
You must not allow animals living in or visiting your home to damage any Council property.
This includes damage caused to your home by animal waste. We will charge you the
reasonable cost of work we do to put right any damage.
Security and safety equipment this term is substantially unchanged.
Pets
We have made substantial changes to this section. The section includes new terms
with which tenants must comply.
This is a changed term that now gives a list of pets that the Council allows, and details, the
obligations tenants have for caring for their pets. We have included ferrets in the list as a
response to the consultation.
From the formal consultation it became clear that tenants felt that the Council should not limit
the number of pets that tenants are allowed to keep. The term 13.4 in the draft agreement
which stated:
“You must not keep more than two pets unless you have our written permission and comply
with any conditions of that written permission.” Has been removed from this agreement.
The following terms are new in your agreement and place new obligations on tenants to:
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Get our written permission to keep pets not on the list
Keep pets other than dogs and cats in appropriate enclosures
Not allow pet dogs to roam the neighbourhood
Not commit an offence under the Dangerous Dogs Act 1991
Not allow your pet to harm or attack anyone
Make proper arrangements to dispose of animal waste.
Pets in sheltered schemes: This is a new term in your agreement: We have removed the
term that tenants in sheltered schemes can only keep small caged birds, insects and small
reptiles or fish that are not poisonous (the old tenancy agreement). The replacement term in
the draft agreement has been changed following the consultation process to allow tenants of
sheltered housing (including those without access to a private garden) to keep a dog or cat
provided that they have our written permission. This reflects tenants’ concerns highlighted in
the consultation.
This new term now reads:
Tenants in sheltered schemes must not keep a dog or a cat without our written permission.
However, you do not need our permission to keep an assistance dog, for either
yourself or a member of your household. Where our written permission is needed then we
will consider each case individually. We may attach conditions to any permission that we
give. We will only attach conditions that are reasonable.
All other new tenancy terms relating to pets apply to sheltered housing.
Wild animals or birds: This is a new term in your agreement that places a new obligation
on tenants not to keep any animal that has been classified as dangerous under the
Dangerous Wild Animals Act 1976. We have changed the part of this term relating to feeding
wild bird and animals in light of the consultation. We have changed this term from:
You must not encourage wild animals or wild birds, including pigeons and squirrels by feeding
them.
To:
You must not do anything to encourage wild (feral) pigeons, rats, mice or grey squirrels on to
your home, including the garden or communal areas, or other Council land in the locality.
Livestock: This is a new term in your agreement that prohibits the keeping of pigs, cows,
horses or other farm animals.
Breeding of animals: This is a new term in your agreement that prohibits the breeding of
animals for commercial purposes at your home, without first obtaining our written permission.
Removal of animals: This is a changed term and tells you in what circumstances the
Council can ask you to remove pets or animal from your home, and what we can do if you do
not comply with this request.
Inspections Maintenance and Repairs
We have made substantial changes to this section. This section includes new terms
with which tenants must comply.
Allowing us to enter your home: This is a changed term that we have expanded to give
more detail and included our aim to give you at least 24 hours notice of getting access to your
home.
Emergencies: This is a changed term that gives the Council the right to force access,
to your home solely to enable us to deal with the emergency. In such cases we will
immediately re-secure your home.
Gas safety inspections and servicing: This is a new term in your agreement
This new term explains your obligation to grant access to your property for the purpose of
carrying out our statutory duty to inspect and service all gas appliances in your property. The
consequences of any failure to adhere to this provision are also explained in this section.
This term now gives the Council rights to force entry to property to carry out work
where we have been unable to gain access to your home despite written requests in
accordance with our Annual Gas Safety and Inspection Service procedures.
Repairs: This is a changed term that details what your responsibilities are for repairs and
includes a list of examples. Following the consultation we have clarified the responsibility for
replacing tap washers by including them in the list. The term also places an obligation on
you to report faults as soon as possible.
Maintenance; This is a new term in your agreement that requires the tenant to take
reasonable steps to prevent drains becoming blocked and pipes freezing in cold weather. It
also places a new obligation on tenants to keep your home adequately ventilated.
Storing inflammable materials: This is a changed term which now allows tenants to keep
up to 2 litres of petrol stored in a proper container and secured in a safe place for use in lawn
mowers or similar garden tools.
Garden and balconies: This is a changed term, which sets out your responsibility for
maintaining your garden/balcony. The previous agreement required tenants to keep their
garden tidy. The new terms set out specifically how this must be done. We have removed the
obligations to replace dead or diseased trees with one similar.
Rubbish and other refuse: This is a new term in your agreement, which sets out new
obligations regarding disposal of rubbish.
Lost keys: This is a new term in your agreement which sets out your responsibilities to
replace lost keys and change the locks to your home.
Sheltered housing tenants: This is a new term in your agreement which specifies that
tenants in sheltered housing must not change their own locks and should contact the
independent living service in the event of losing their keys.
Parking and vehicles: This is a changed term that sets out obligations with regard to
parking and vehicles. We have changed the term, removing the word frequently, and
replaced it with on a regular basis. We have added: you must not frequently do repairs to
any car, motorcycle or other motor vehicle on your property or on any of our land including
authorised parking spaces in exchange for payment.
Ending your tenancy: This is a changed term that gives you more detail about your
responsibilities when ending your tenancy. We have included new obligations with regard
to securing the home, ensuring that gas appliances are capped off by a CORGI
Registered engineer and allowing us to bring round new tenants to look at your home
before you leave. Following the consultation we have slightly changed the wording to show
that it is the tenant’s responsibility to ensure that gas appliances are capped off.
Abandoning your tenancy: This is a changed term that gives you more detail about what
the Council will do if you abandon your tenancy and what the Council will do with any
possessions that are left at the property.
General Terms
Service of notices ~ this term is largely unchanged.
Consultation: This is a new term in your agreement that details how the Council will
consult with tenants.
Rights of third parties: This is a new term in your agreement that excludes third party
rights under the Contracts (Rights of Third Parties) Act 1999.
Complaints: This is a new term in your agreement that details how to make a complaint to
the Council about your tenancy.
The Data Protection Act 1998: This is a new section of the agreement that explains how
we will hold and share the personal data we hold on you.
Section 7 ~ Signature
(Moved from sign-up pack) in your agreement ~ the consultation proposed that this
section would require new tenants to provide photographs to be kept with the tenancy
agreement.
Following the consultation and debate at the Housing Management Board the requirement for
photographs has been removed.
Section 8 ~ Meaning of Words
This section sets out what we mean by the words used in your tenancy agreement.
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