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Draft Appendix 1
Tenancy Agreement - Secure tenant
This tenancy agreement is a legal contract. It describes the rights and
responsibilities of Harrow Council and of you, the tenant. This agreement has the
following sections:
1. Your Tenancy Agreement
2. Rent and other charges
3. Use of your home & communal areas
4. Repairs and Improvements
5. Tenant Involvement
6. Ending your tenancy
The Tenants’ Handbook, which is given to you with a copy of this Agreement, will
help you to understand this Agreement. Please read these documents carefully
and keep them to refer to in future.
1. YOUR TENANCY AGREEMENT
1.1 This agreement makes you a secure tenant of Harrow Council, London.
1.2 This is a weekly secure tenancy.
1.3 The Housing Act 1985 is the Act of Parliament, which establishes the basis
of this Agreement. This means that the Council can only gain possession of
your home under the grounds specified in the Act.
1.4 As a tenant you have to abide by the terms of this secure Tenancy
Agreement. This applies to all joint tenants jointly and severally. That
means each joint tenant has full responsibility to comply with the terms of
this agreement and the terms “tenant” refers to you individually as well as
jointly.
1.5 As a secure tenant you can keep your home as long as you want it unless
there is a legal reason why the council wants to take it back. A court has to
agree with the council's request to evict you or to move you to another
home. This could be for one of the following reasons:
(a) You breach of any of your obligations in this Tenancy Agreement.
(b) The accommodation was provided to you as a result of false information
knowingly or recklessly given to us by you or someone acting on your
behalf.
(c) You assigned your tenancy to another tenant or a member of your
family in exchange, and a money payment was made in connection
with the exchange.
(d) The accommodation was given to you while works were being carried
out to your usual home, and the work has been completed.
(e) We need vacant possession of your home to carry out repairs to it or
for complete redevelopment, which cannot reasonably be carried out if
you do not move or because it has to be demolished. You will be
offered a suitable alternative home. You will usually get compensation
or help with moving costs (or both) depending on your circumstances.
Your move could be permanent or temporary.
(f) Your home has been specifically designed or adapted for the
physically disabled or provided to meet other special needs, and the
people living there no longer need these adaptations, and we need the
property for a household with those physical disabilities or special
needs.
(g) You succeeded to the tenancy and you are under occupying the
premises. This does not apply if you are the former tenant’s husband
or wife.
(h) Your home is overcrowded to such an extent that you are guilty of an
offence.
(i) We have any other grounds for possession under Schedule 2 of the
Housing Act 1985 Parts I, II and III.
2. Rent and Other Charges
2.1 You must pay your rent and it must be paid on time. Your rent is due every
week but you can pay in advance every two weeks or every calendar month
if you prefer. If you do not pay your rent the council can go to court to get
permission to evict you from your home.
2.2 If you are joint tenants you are each responsible for all of the rent and for
any rent arrears. We can recover all rent arrears owed for your home from
any individual joint tenant, whether they are living at the property or not.
2.3 Your rent may be changed from time to time. This will usually happen once
a year. You will be told in writing at least four weeks before any increase in
your rent.
2.4 You must repay any money you owe us from a previous tenancy, such as
rent arrears or the cost of repairing deliberate damage. If you do not keep to
an agreed repayment plan, we can go to court to get permission to evict you
from your home.
2.5 We have the right to charge you for any new service we provide for your
home. The cost will be charged along with your rent. We will tell you in
writing, at least four weeks before we do this.
2.6 Some tenants pay for extra services in addition to their rent. Your housing
officer will tell you when you sign for your tenancy if you are one of these
tenants.
3. Your home and communal areas
You should be able to enjoy your home in peace and we will help you if you
cannot enjoy your home because of problems caused by other people. In
return we expect you to allow other people to enjoy their home.
Occupation - Your Responsibilities
3.1 You must use your council property as your only or principal home.
3.2 You must tell your housing officer in writing if you will be away from home
for more than a month. (This is so we know you haven’t abandoned your
home). If you don’t use your property as your only or principal home, or if
you don’t tell us when you’ll be away for more than a month, we may take
action to end your tenancy.
3.3 You must not allow your home to become statutorily overcrowded.
3.4 You must not assign your tenancy other than to complete a Mutual
Exchange with another secure tenant or assured tenants of a registered
housing association or housing trust which is a charity.
3.5 You must obtain our written consent before you do a Mutual Exchange. If
we have to withhold consent we will serve a notice on you within forty-
two days of the date of your application for consent, specifying the reasons
for the refusal. If you do exchange without our written agreement we will
take legal action to evict you. You will not be able to return to your original
home and will not be offered alternative housing.
Lodgers - Your Rights and Responsibilities
3.6 You have the right to take in lodgers. A lodger is someone who lives with
you, but wasn’t part of your household when you first moved in. They don’t
have exclusive right to any one part of your home, and will get some sort of
service from you such as cooking or cleaning.
3.7 You must tell us in writing if you are taking in a lodger
Sub- tenants - Your rights and responsibilities
3.8 You have the right to sub-let. Sub-letting means that someone who lives
with you, but wasn’t part of your household when you first moved in, pays
you rent to have an exclusive right to part of your home. They will usually do
their own cooking and cleaning. You cannot sub-let the whole of the
property and if you do you will lose your security of tenure.
3.9 You must obtain our permission in writing before you sub-let part of your
home.
Conduct - Your Responsibilities
3.10 You are responsible for the behaviour of every person (including children)
living in or visiting your home. You are responsible in your home, on
surrounding land, in communal areas (stairs, lifts, landings, entrance halls,
paving, shared gardens, parking areas) and in the locality around your
home.
3.11 You must not do or allow anything to be done which is illegal, or which is a
nuisance or annoyance to your neighbours or people living in the
immediate vicinity of your home, street or estate. This includes people using
local facilities, shops, footpaths, amenity areas, and children on their way to
school and elderly people using day care or sheltered housing facilities.
This is not an exhaustive list.
3.12 You or anyone living with you, or visiting your home, must not harass any
other person. This includes your neighbours or people living in the
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