This page provides general guidance to secure tenants as to the rights given under the Housing Act 1985. Contents are listed below.
Contents
Secure Tenancies
Your Tenancy
If You Wish To End Your Tenancy
If The Council Wishes To End Your Tenancy
Statutory Overcrowding
Succession To A Tenancy
Lodgers And Sub-Letting
Right To Exchange
Right To Buy
Right To Be Consulted
Citizens' Charter
Right To Repair
Right To Manage
Right To Compensation
More Information
Secure Tenancies
Most Council tenants are secure tenants and have all the rights given under the Housing Act 1985. This leaflet explains these rights.
You may be a sole tenant or a joint tenant.
Your Tenancy
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1.
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Joint tenancies allow two people to be tenants of the same property at the same time.
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2.
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Joint tenancies make both tenants equally and severally responsible for keeping to the agreement. For example, where there are rent arrears the Council can take action against both tenants but where there is only one left in the property, the Council can take action against only one.
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Joint tenancies continue for so long as both tenants want it to. Where one tenant wants to leave, he or she can bring the joint tenancy to an end by giving the Council four weeks notice in writing without the others consent. This means that the tenancy is at an end and neither tenant has the legal right to stay in the property at the end of the four weeks notice.
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4.
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Joint tenants may agree between themselves to assign their interest in the joint tenancy to the remaining joint tenant.
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5.
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If the relationship breaks down, neither tenant can exclude the other, although Court action can be taken by either party. You both have the same rights to remain. Any problems should be discussed with a Housing Officer as soon as possible.
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Whenever joint tenants consider, jointly or separately, bringing the tenancy to an end, they are advised to remember that unless the Council is satisfied that there is good reason to end the tenancy, the Council may not re-house either tenant. Where in doubt seek legal advice first.
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If you are a sole tenant and your spouse or partner moves in with you and you want to share your tenancy as a joint tenancy, you are advised to take note of all the points made in this leaflet. The Council may refuse to grant a joint tenancy where there are rent arrears outstanding. Also, please note that there is no legal right to a joint tenancy.
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On the death of one of the joint tenants, the surviving joint tenant usually takes over the tenancy. After this there is no further right of inheritance of the tenancy.
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9.
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Depending on eligibility, Housing Benefit is available to any of the joint tenants either as individuals or as one principal tenant with dependants or non-dependants.
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10.
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Mutual exchanges can only be made where each joint tenant agrees to the application and with the approval of the Housing Section.
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Where there is a Right to Buy application being processed based on a sole tenancy and the tenant has applied for a joint tenancy, the Right to Buy application will have to be renewed and started again.
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Please note that the above is for general guidance only.
It is always advisable to seek advice on your own particular circumstances.
Tenancy Termination
If you wish to end your tenancy
You should give the Council at least four weeks written notice that you are going to leave your home effective from Monday dates. There are two exceptions to this:
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Death - Two weeks notice is acceptable
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2.
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Transfer to other Oadby and Wigston stock. Notice is effective from the date the keys are received.
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If the Council wishes to end your tenancy
As a secure tenant, you cannot be evicted from your home unless the Council obtains a court order from the County Court. However, if you are living in temporary accommodation whilst building works are carried out to your original home or you do not live in your property as your only principal home, there will be no security of tenure and the Council may take possession without a Court Order.
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Q
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For what reasons can the Council apply to the County Court for possession of my home?
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Failure to pay your rent or break some other condition of tenancy.
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If you, or others living with you, cause a nuisance or annoyance to your neighbours, officers of the Council or others living around you, which includes harassment on racial grounds.
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If you use your home for illegal purposes.
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If you, or others living with you, cause damage or neglect your home.
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If you obtain your tenancy as a result of a false statement on the application form.
If the court is satisfied that suitable alternative accommodation will be available, the Council may seek possession.
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If you cause or allow your home to be statutorily overcrowded.
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If your home is going to be demolished or very extensive works are to be carried out on it.
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If your home is specially designed or adapted for people with physical disabilities or is part of a group of properties catering for special needs and there is no longer any need for that type of home for your family and the Council needs it for someone with those special needs.
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If the Council wants to carry out major works and they cannot be carried out without asking you to move.
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10.
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If the tenant has succeeded to a tenancy on the death of the former tenant (who was not his or her spouse) and the premises are too large for the current tenant's reasonable requirements.
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Q
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What happens if the Council wants to obtain possession?
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A
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The Council must first give you a Notice of Intention to Seek Possession. This will give the reason why the Council is seeking possession. The notice will explain your right to defend your case and will normally give you at least four weeks notice, after which the Council may apply to the County Court for an Order of Possession. This period may be waived in cases of nuisance.
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A Notice of Intention to seek Possession is not an eviction order.
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Will I be able to discuss my case?
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If the Council is going to take action for possession, you will be given a chance to discuss the situation with your Area Housing Officer. If you are in arrears with your rent, you should contact your Area Housing Officer.
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What happens if I receive a court summons?
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If the Council decides to go to court, it must do so within a year of the date on the Notice of Intention to Seek Possession. If you do receive a Court Summons you should get legal advice from a solicitor, law centre or other advice agency as soon as possible.
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At court, you have the chance to put your side of the case. The court has wide discretion in deciding if it is right to give the Council a possession order for your tenancy. The court can refuse to give such an order or it can specify certain conditions which you must meet in order to avoid an order being given.
Statutory Overcrowding
The Housing Act 1985 explains what Statutory Overcrowding is and what it means. Your home will be statutorily overcrowded when the number of people sleeping in your home is more than the legally permitted number.
Succession to a Tenancy
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What happens to my tenancy if I die?
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A
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If you are a secure tenant and you are not a successor yourself your tenancy will pass to your wife or husband remaining in the property. In the absence of a surviving wife or husband, the tenancy may pass to a close relative: who must have been living with you for 12 months. The Council may ask the succeeding relative to move to more suitable accommodation, if either the premises are too large for the current tenant's needs, or the property is specially designed for the disabled or elderly and the special facilities are no longer needed.
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Lodgers and Sub-Letting
You have the right to take in lodgers without asking the Council's permission, providing this does not result in overcrowding of your home. To prevent this, you should notify the Council when you take in any lodgers.
If you wish to sub-let part of your home you must obtain written permission from the Head of Housing Services. Permission will normally be refused if your home would become overcrowded, or if the Council is going to carry out work which would affect the rooms that you intend to sub-let.
You have no right to sub-let the whole of your property.
Points to remember when taking in a lodger or sub-letting.
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You can lose security of tenure through overcrowding.
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Your Housing Benefit may be reduced.
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The Council does not get involved in disputes between tenants and lodgers.
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If you move, you must make sure the lodger or sub-tenant moves out before you hand in the keys.
Right To Exchange
Under the 1985 Housing Act, secure tenants can exchange with other secure tenants. You first must obtain written approval from the Head of Housing Services.
Right to Buy
Most secure tenants have the right to buy their home. Further information can be obtained from the Legal Section on Leicester (0116) 257 2605.
You must have spent at least two years as a tenant of the Council or of another Council, Housing Association or other right to buy landlord.
You will normally be able to buy at a discount off the market value of your home.
Right to be Consulted
The Council has a duty to consult with its secure tenants about matters which substantially affect them.
For example, modernisation plans, change of tenancy conditions or change in the way rent is collected - but not on proposed rent or service charge increases.
Citizens' Charter
New Tenants' Rights from 1 April 1994 covered by the Citizens' Charter include:
Right to Repair
Right to Manage
Right to Compensation
Leaflets describing your rights can be obtained from:
The Department of the Environment
PO Box 151
LONDON
E15 2HF
They are free and available in Welsh, Bengali, Hindi, Urdu, Greek and Vietnamese.
Right to Repair
This scheme is intended to ensure that small urgent repairs up to the value of £250 which may affect safety and security, are done within a certain time scale depending on the repair. If they are not, you can request that the Council appoint another contractor and then if this fails claim compensation. The Council will have a full list of repairs which come under the scheme with the corresponding time scales for completion of the repair and amount of compensation which can be claimed.
Right to Manage
From 1 April 1994 tenants' organisations have the right to take over the management of their homes if they show it represents the views of all its members and does what they ask it to. It can decide which service it wishes to manage. Initially, this may be just one, then gradually take on others. Services include repairs, rent collection, garden maintenance, letting vacant homes, cleaning of communal areas, setting service charges and others.
Right to Compensation
If you are a Council tenant (a resident, not a business tenant) and your tenancy is ending, you may, under certain specific circumstances, be able to get compensation for improvements you have made to your home. This will not apply if you are buying your home through the 'Right to Buy' Scheme. The Council will be able to advise you which improvements apply.
You should make your claim when you tell the Council you want to leave. You will have up to 14 days after the tenancy ends to make a claim. Ask how to make a claim if you are unsure.
More Information
For further information, help or advice please phone the Housing Section on:
Leicester (0116) 2888961
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