Variation of Tenancy Conditions

Current Tenancy Condition / New Tenancy Condition / Nature and effect of the variation
2d. Explains that you are responsible for the behaviour of any other person living in or visiting your home.
5a to 5c. Lists the things that may be seen as nuisance or anti-social behaviour. / 3.3.2. Defines the responsibility of yourself and others around you.
3.3.3. Lists the things that may be seen as nuisance or anti-social behaviour. / The new tenancy conditions restate the obligations that tenants, members of their family and visitors have to refrain from causing a nuisance, committing anti-social behaviour or harassing neighbours and others living in the local area, and focus on being considerate of neighbours (3.3.1). There are additional examples of harassment and nuisance. Clarifies that tenants may be requested to attend mediation in the event of neighbour disputes.
2e. Explains that you have the right to live in the property in return for paying rent, and that we can only evict you or move you to another home if the court agrees with us that we have a legal reason to do so. Gives examples of some of the reasons we may evict you. / 2.2. Explains that a secure tenancy does not have an expiry date. Clarifies that a secure tenancy cannot be ended without a court of law agreeing that there is a legal reason to do so.
Section 1 gives examples of some of the reasons we may evict you. / Our responsibility to serve you with a notice and take legal action to recover possession remains the same.
3a. Explains that the Council is responsible for maintaining the structure of your home / 5.1.2. Gives examples of some of the structural items the Council is responsible for
5.1.10. New clause explaining that we will not make good any internal decorative finishes affected by any improvement works carried out by the Council at the property unless damage to the decorations has been caused as a result of negligence on behalf of the Council or anybody acting on the Council’s behalf. / Clarifies the Council’s responsibilities relating to maintenance.
3k. Sets out how the Council will use any personal information it holds about you. / 5.3. New section explaining information sharing. / Sets out more clearly our responsibilities in relation to the Data Protection Act 1998. Our responsibilities have not changed and your rights to request information we hold about you remain the same.
4. Explains the rights of introductory and secure tenants. / 2. Describes the types of tenancy; these are split into introductory tenancies, secure tenancies and secure flexible tenancies. Each clause explains the rights you have as each different type of tenant. / Each type of tenancy is explained and details the rights of each type of tenant. Introduces the new secure flexible tenancy type.
4d. Explains that secure tenants have the right to buy their home in certain circumstances and that introductory tenants cannot apply for the right to buy their home. / 4.1.8. Explains the types of tenants that are eligible for the right to buy, subject to certain eligibility criteria. / This clarifies that secure and secure flexible tenants are eligible for the right to buy but that introductory tenants do not have this right.
4d (Introductory tenants only). Explains that by law, introductory tenants cannot mutually exchange their home.
4c (Secure tenants only). Explains that you have the right to exchange your home in certain conditions.
15. Reiterates this. / 4.1.5. Explains mutual exchanges. These are also explained in a separate glossary of definitions contained at the back of the tenancy agreement (section 6). / Explains the position in relation to mutual exchanges for different tenancy types.
4d (All tenants). Explains succession and its terms, i.e. by law a second succession is not possible. Also clarifies that if the property is larger than the successor needs or of a certain type, we may move them to another suitable property. / 4.1.7. Explains succession, including detailing the situations where succession may be able to take place. Included is a change in succession rights for tenancies starting after April 2016.
4.1.6. Explains that tenants have the right to transfer (assign) their tenancy to someone else in certain circumstances. / Existing tenants’ rights of succession remain the same. New tenants from April 2016 have limited rights of succession, as set out in the Localism Act 2011. A new clause also clarifies that tenants have the right to assign their tenancy to someone else in certain circumstances.
4e (Secure tenants only). Explains the entitlement to improve your home with our written permission and the entitlement to compensation for authorised improvements. / 4.1.9. Explains that you may be entitled to compensation for improvements, depending on the type of improvement you make. / Described briefly as few improvements are entitled to compensation.
4e (All tenants). Explains the right to repair. / 4.1.10. Explains the right to repair and that this only includes repairs that are the Council’s responsibility. / Our responsibilities have not changed.
4g (Introductory tenants only). Explains that you must get our written permission before anyone comes to live with you for more than four weeks and that we may refuse to let them stay.
4a (Secure tenants only). Explains that you have the right to take in a lodger but that you must tell us immediately if you do so. / 4.1.2. Explains the right of certain types of tenant to take in lodgers, providing your home does not become overcrowded. Now states that permission for someone staying longer than six weeks is required, along with names. / Clarifies that you have a responsibility not to allow your home to become overcrowded. Explains the position on lodgers for different tenancy types.
4h (Introductory tenants only). Explains that introductory tenants must not sublet or part with possession of their home or any part of their home.
4b (Secure tenants only). Explains that secure tenants have the right to sublet part of their home but must get our written permission first.
15. Reiterates this. / 4.1.2. Explains the right to sublet part of your home, including the types of tenant that are permitted to do this. It also advises written permission is required, with the names of lodgers given.
4.1.3. Explains that your home cannot be entirely sublet.
4.1.4. Reiterates this. / The new conditions explain what might happen if you sublet the whole of your home and your responsibility not to do this remains unchanged.
6a to 6l. Explains the conditions of rent and its possible variations, as well as responsibility of payment and changes of circumstances in the case of Housing Benefit. Also describes the implications of not paying rent, including if you are evicted because you do not pay your rent and other charges, you will normally have to repay any money you owe us before we will consider you for rehousing. / 3.1.1 to 3.1.8. Covers the conditions of rent and the responsibilities of paying rent, including if you are evicted because you do not pay your rent this may affect your chances of being rehoused by us or another landlord. Also explains that tenants are responsible for ensuring they have a bank account into which help to meet the cost of rent may be paid.
5.2.1. Explains that we may change the amount of rent we charge you. / Your responsibility to pay your rent remains the same, but the new agreement clarifies that rent is due weekly in advance. We have explained clearly that you must also pay service charges where these apply and what could happen if you do not pay your rent, and how this could affect your chances of being rehoused by us or by any other landlord. Bank accounts are required as Universal Credit payments will be made directly into bank accounts.
7a to 7d. Defines the meaning of living in your home, and explains that notification must be given to the Council if away from the property for more than four weeks. / 3.2.1 and 3.2.2. This now advises that your home must not be anything other than a private home that is your main and only (principal) home.
3.2.5. Explains that if you are away from the property for more than four weeks, notification must be given, with an emergency contact address and benefit rules must be complied with. / The new conditions require you to use the property as a private family home and your only or main (principal) home. If you wish to run a business from your home you will continue to need our permission for this. There are new conditions introduced to address tenancy fraud and attempts at tenancy fraud, including illegal subletting of council homes (section 3.5).
7d. Explains that written permission must be obtained from the Council to run a business from your home.
15. Reiterates this. / 3.2.3. Sets out the criteria that need to be met for permission to be given to run a business from your home. / If you wish to run a business from your home, you will continue to need our permission for this.
8a to 8d. Lists some of the repairs tenants are responsible for. / 3.6.8. Explains that some internal repairs are the responsibility of the tenant. / Your responsibility to carry out some internal repairs at your own expense remains the same. A comprehensive list of the types of work you might be responsible for is provided in the repairs handbook.
The Council can continue to charge you for carrying out repairs to the property and/or communal areas that you were responsible for, or for damage that has been caused by your wilful or negligent action.
8e. Describes that you must not make any structural changes without our permission.
8p. Explains that you are responsible for repairing and maintaining all improvements you install at the property.
15. States that you must get our written permission before you fit a satellite dish. / 4.1.9. Explains the right to make alterations to your home, including stating that permission is required for this.
3.6.1. Clarifies that you must obtain our permission to put up a satellite dish. / Your responsibility to have our written permission before you make any improvements or alterations to your home remains unchanged. In some circumstances we may need to give reasonable conditions for the granting of permission and the new tenancy agreement allows for this. We will not unreasonably withhold permission.
The new conditions require you to have our written permission before you install or fit laminate flooring (3.6.2).
If you carry out work without our permission we may ask you to change it back. If you do not, we may charge you if we have to do the work ourselves (3.6.11).
8h. Explains the responsibility of losing keys and changing locks, and that you will be responsible for any costs as a result.
14. States that keys to the property must be returned to us on the day the tenancy ends, or the day you leave (if earlier). / 3.6.7. Clarifies that this includes keys to sheds, outbuildings and windows as well as doors to the property, and that you will be charged as we do not have spare keys.
3.12.2. All keys to the property must now be returned to us by 12 noon on the day after your tenancy ends. / You remain responsible for the safe return of keys to your property within the time stated. If you do not return your keys by this time a continuing weekly charge for your use and occupation may be made until you do.
8k. Advises that tenants must allow employees and contractors to enter the property at reasonable times to inspect its condition and make safety inspections or carry our repairs.
10. Explains that you must allow access for the annual gas safety inspection and if you do not, we will force entry to conduct this inspection. / 3.7.1. Details access requirements. Forced entry is covered in sections 3.7.3, 3.7.4 and 3.7.5.
3.12.11. Explains that you must allow us to inspect your home before you move out, if we give you reasonable notice that we wish to do so. / Your responsibility to grant access to your home on reasonable notice remains the same. This section sets out the reasons why we may need to access your home. We will give you at least 24 hours’ notice unless we need to access your home in an emergency.
8q. Explains that tenants are responsible for insuring the contents of their home. / 3.12.17. Advises tenants to obtain contents insurance. / Your responsibility to arrange insurance for your own contents remains the same.
9a. Explains that you must keep all shared areas clear, including stairways, halls and landings, and that you must not leave any personal belongings or rubbish in these areas. / 3.11.6. Explains that obstructions in communal areas are not permitted and describes the items that would be seen as obstructive in communal areas. / The new conditions are clearer about the proper disposal of household rubbish and require you not to block communal areas through storage of belongings. You must also leave communal areas free from rubbish, furniture or any of your belongings.
9a. Explains that you must keep the property free from vermin / 3.11.9. Explains that you must take every measure to avoid introducing an infestation to your property, for example bed bugs or fleas. / Your responsibility to keep the property free from infestation remains the same.
10. Clarifies that you are not to keep or use dangerous materials such as inflammable materials or gas cylinders. / 3.11.4. Explains that you must not keep any dangerous or inflammable goods, materials or substances in or on the premises, apart from those required for general household use. / This is a revised section covering your general responsibilities on health and safety issues. Your current responsibility not to store flammable materials other than for general household use remains the same.
11. Sets out the rules of keeping pets in your property as well as the pets you are allowed to have at certain properties, and what permissions are required for certain animals. / 3.10. Explains the requirements for keeping pets, outlining individually the conditions of owning pets. / The new conditions explain clearly when you will require our permission to keep a pet. You must clear up daily any mess or fouling that your pet causes, including private gardens. The new agreement introduces requirements that you ensure you have someone to take care of your pet if you are unable to do this yourself, and a requirement that no pet kept at the property prevents an employee, contractor or agent of the Council from gaining access to the property.
12. Clarifies the responsibility for your garden, to keep it clean, tidy and free of rubbish. It explains that costs may be charged to you if clearing needs to be done, and lists the features that you require our permission to have in your garden. / 3.8. States the responsibility for your garden and is outlined in different sub clauses. Other new conditions have been added for the use of communal gardens. / Your responsibilities to keep your garden and in a clean and tidy condition remains unchanged. You will require our permission before you remove any hedges.
13. Lists conditions relating to vehicles and parking, including permissions for certain types of vehicles. / 3.9. Contains all conditions surrounding vehicles and parking, with separate clauses for each condition you must comply with. / The section on parking explains that you will require our permission before you, your visitors or anyone living with you can park certain types of vehicle at you property or in communal parking areas. You are also required to ensure vehicles are taxed or registered as SORN with the DVLA for vehicles parked at your address.
14. Advises on how to end a tenancy. States how much notice needs to be given and how the property needs to be left. Also points out that charges will be incurred if items are left behind. / 3.12. Advises on how to end a tenancy for the different types of tenancy. It states how much notice needs to be given and clarifies that four weeks’ notice is required for all tenants. / The changes set out clearly what you must do to end your tenancy, including your responsibilities to remove all personal belongings from the property and give us vacant possession. The new agreement provides that four weeks’ notice is required from all tenants as previously, two weeks’ rent free period was granted in the case of deceased tenants; this no longer applies and the relatives of the deceased should now give four weeks’ notice.
15. Explains how to apply for written permission. / The definition of written permission is not included in the new tenancy agreement. / In some circumstances we may need to give reasonable conditions for the granting of permission and the new tenancy agreement allows for this. We would not unreasonably withhold our permission.
16a and 16b. Clarifies how any notices may be served on you. / 5.6.1. Explains the procedure we will follow for serving any notices on you. / The arrangements we will make to serve notice on you remain the same.
16c. Gives the address for serving any notices on the Council. / 5.6.2. Gives the address for serving any notices. / Responsibilities are unchanged.

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