«Assured Tenancy – Varied Terms and Conditions Contents 1. About the Varied Terms and Conditions 2. bpha’s Responsibilities 3. Your Rights Right to ...»
Utilities Unless the charges are included in your rent, you are responsible for registering with all relevant utility companies (gas, water, electricity, etc.) and other agencies that may provide you services to or in respect of the property, and to pay all utility charges and any other charges that are due in relation to the property. If you are not residing at the property you are still responsible for the payments. bpha reserves the right to notify utility companies and other agencies that you are the tenant if you have not done so and to notify them if you move out.
5. Your Home – Your Responsibilities Your home must be used as your only or principal home. You cannot live anywhere else during the lifetime of your tenancy.
Insurance We insure the structure of your home and any shared areas. You are responsible for insuring the contents of your home.
Occupants and Overcrowding If the people living in your property change as a result of people joining or leaving your household you must notify bpha giving details of the new occupants or who has left. You must not allow the property to become overcrowded as defined in part 10 of the Housing Act 1985.
If you live in sheltered or extra care housing you must obtain prior written permission from bpha for anyone between the ages of 16 to 55 years of age who wishes to reside with you. Children under the age of 16 are not permitted to live with you. bpha reserves the right to refuse or withdraw permission on reasonable grounds at any time.
Subletting and Lodgers You may take in a lodger but you must get our written permission ﬁrst to ensure you are not granting a sub-tenancy. In all cases, you must tell us the name, age and sex of the intended person and we must be satisﬁed that your home does not become overcrowded as a result.
We will not unreasonably withhold or delay permission and we will tell you why if we decide to refuse.
You may not sublet the whole or any part of your property and if you do we will serve you notice and begin possession proceedings against you.
Tenancy Absences and Fraud Photographs may be taken of you at the time of signing your tenancy agreement and throughout the lifetime of your tenancy to prevent tenancy fraud. You agree to this as a term of this tenancy.
By signing this agreement you agree not to:
• Grant a sub-tenancy or part with possession of the whole of the property or any part of it.
• Assign/transfer your tenancy to anyone else unless agreed to by us under the Right to Exchange or where ordered by the court, e.g. in matrimonial proceedings. You must notify us of any court proceedings which may result in the tenancy being transferred.
• Carry out or commit any fraud related to your occupation of the property. Examples of tenancy fraud include, but are not limited to, subletting the property whether for profit or not, assigning the tenancy to someone else without our permission, abandoning the property and allowing others to occupy it, not telling us the truth about your circumstances which persuades us to grant you the tenancy and any other kind of fraud including housing-related benefit and council tax fraud.
• Provide short term lets in your property for financial gain. This tenancy is granted to you on your promise to us that in respect of any previous accommodation occupied by you, whether or not provided by us, you have not been involved in any form of tenancy fraud whether these acts have been proved or not.
If we find out that you have not made full disclosure of any relevant information prior to signing this Agreement, this will be treated as a breach of this Agreement and we may take steps to end the tenancy.
You must not leave the property for a single period of more than 28 days without informing us in advance in writing and providing details of who can provide access to the property during the period of absence should it be required by us. You must also tell us the reason for your absence and when you expect to return. If you do not inform us we may treat you as having abandoned the property and take action to repossess the property.
Anti-Social Behaviour, Nuisance and Domestic Abuse
Anti-social behaviour includes but is not limited to drug dealing, prostitution, using or threatening violence including domestic abuse, statutory noise nuisance, intimidating language. Further information can be found on the bpha website. We may take legal action to end your tenancy if you behave in an anti-social manner and/or are convicted of a crime or there is sufficient evidence of domestic abuse being perpetrated.
You are responsible for the actions of everyone living in or visiting your home. This includes your family, visitors, and visitors’ children.
You, members of your household and anyone visiting you including children must not do any of the
following (the list is not intended to be exhaustive):
• Behave in a way which causes or is likely to cause a nuisance or annoyance to anyone in the community or incite anyone to do so; this includes nuisance and annoyance via the use of social media.
• Use the property for illegal, immoral or criminal purposes including but not limited to cultivating, selling, supplying or using illegal drugs; prostitution; storing or distributing racist or pornographic material; storing or handling stolen goods; using the property as a haven for those committing crime or anti-social behaviour in the locality.
• Harass or threaten to harass or use violence in or around your home or in a case which can be linked to your home.
• Harass or threaten to harass or use or threaten violence including verbal threats or abuse to bpha employees, agents, contractors, board members or any member of their families.
• Assault, threaten, or harass any person living with you or to sexually or emotionally abuse them such that the person can no longer live peacefully in the property.
• Target and/or threaten any other tenant with the aim of using or enabling another person to use the property for criminal or personal gain.
• Store at the property any type of firearm or ammunition unless you have a relevant permit and you have notified us.
Gang-Related Anti-Social Behaviour You or anyone living with you must not become a member of a gang or allow a member of a gang to visit the property. This means if you are a member of a group which acts so as to cause harm, with criminal intent your tenancy will be at risk.
Business Use You must not run a business from your home without our permission. We will give our permission if
you can show that the business:
• Will not cause a nuisance, annoyance or break the law.
• Meets any local planning requirements.
If we have evidence that you have broken these requirements or any others we impose as a condition of permission, we will withdraw permission by giving you 48 hours written notice.
You must not place or exhibit any notice, advertisement, sign, decorations or board on the outside of the property or on the inside of the property so that it is visible from the outside, without getting our permission beforehand and any relevant planning permission.
6. Maintaining Your Tenancy Access You must allow our employees, agents and contractors to enter your property to carry out repairs or inspection at all reasonable times of the day. At least 24 hours notice will usually be given unless it is an emergency.
In an emergency where we cannot gain access, we may have to force entry. This might be, for example, where water is overflowing or somebody’s life or physical safety is at risk. In this case we will secure the property and repair any damage as a result of the forced entry.
If we have to force entry because of your neglect or misuse of the property, or your failure to report repairs, or you refuse entry on a prearranged visit or are not in, we may charge you the cost and this will be payable by you as a recharge. If we have to apply to court to enforce the right of entry we may also ask the court for an order for the costs of legal action to be paid by you.
You must allow access for our staff, agents or contractors to carry out periodic servicing of appliances owned by us, including gas and electrical appliances, in line with our policy. We will give you at least 24 hours’ notice unless it is an emergency, in which case we may force entry to prevent damage to the property or injury to persons. By accepting this tenancy you are accepting that we have the right to do this.
You will be expected to pay for any reasonable expenditure we incur as a result of any failure by you to provide access.
Damage You must not damage your home, the shared areas of the building, or any part of the estate, whether on purpose or by neglect or carelessness, or allow anyone that lives in or visits your home to do so.
Reporting Repairs You must tell us at the earliest possible time about any repair that is our responsibility. Prompt action may prevent further damage. If you do not, we may charge you the cost of any extra damage caused as a result of your delay.
We will only carry out a repair as a result of damage, misuse or neglect by you, your household, family or visitors (including children) where there is a health and safety hazard and we will recharge to you the cost of the work.
Major Repairs Where we consider that we cannot reasonably carry out necessary works to the property (whether repairs or improvements) with you and your household remaining in the property, we may require you to move to temporary accommodation for as long as it takes to carry out the works. We will tell you when the works are completed, at which point you will be required to move back into the property. During this period you will either be responsible for the rent, other charges and outgoings on your permanent home, or you will have to pay the rent, other charges and outgoings for the temporary home. We will tell you which applies before you move; you will not have to pay both unless you refuse to move back to your main home when we ask you to.
Internal Decoration and Minor Repairs
You are responsible for keeping the inside of your property in good condition and for carrying out minor repairs and replacements to your property as soon as possible. You must decorate the interior of your home as frequently as is necessary to keep it in good condition. Further details of what we expect you to do can be found on the bpha website.
Permission must be sought if you wish to make any alterations, additions or improvements to your home. This includes installing a satellite dish, television or radio aerial. If you do so without written permission from bpha you will be in breach of your tenancy and we may take legal action to remedy this breach including injunction proceedings requiring you to reinstate the property at your own cost.
Before or when we give permission there may be a set of conditions that you must follow. The conditions will ensure that your alteration works are carried out safely and to a good standard. You may have to put the property back to its original condition when you leave. Failure to comply with conditions will involve a charge to you if we have to employ contractors to make good the work.
You must never carry out any structural alterations or improvements to the structure of the property. You can find further information on the bpha website.
Adapted Properties If adaptations have been made to your property, particularly extensive adaptations, and the person that required them no longer resides with you or needs them, bpha may ask you to move to suitable alternative accommodation. We will however assess each case on it’s merits.
Improvements and Fixtures You are responsible for repairing and maintaining all improvements, alterations, additions and fixtures and fittings that you install in the property.
In some situations, we may compensate you for improvements at the end of your tenancy where you obtained our permission and complied with any requirements e.g. planning conditions.
Laminate and Wooden Flooring In most cases bpha do not consider wooden, laminate or any other type of dense hard flooring to be an appropriate floor cover. Therefore permission must be sought if you live in a house and you would like to have wooden or laminate flooring including laminate lino. You may also be required to follow a set of conditions if permission is granted. This may include a requirement to use acoustic underlay.
If you live in a flat you are not permitted to lay wooden or laminate flooring anywhere in the property. It is advised that where you are laying carpet the appropriate kind of acoustic underlay is used to prevent noise travelling to neighbouring flats and causing nuisance.
Tiling and ceramic flooring is not permitted in any bpha property.
Lofts You are not permitted to enter your loft or to store goods in there. Only bpha employees, agents or contractors may enter the loft.
Gardens You must keep your garden let to you as part of your tenancy tidy and maintained, including cutting grass regularly, pruning shrubs and trees and keep it free of rubbish. All hedges and trees must be maintained to a reasonable height and not obstruct any road, footpath or alleyway.
You must not remove or change any tree, fence or wall at the property without our express written permission. Fences provided by bpha must be maintained by you at your cost during the tenancy.
You must not plant any trees or hedging without our express written permission.
You are not permitted to install decking.
Permission must be sought if you would like a shed and/or greenhouse. Permission will be given in writing and the requirements specified must be adhered to. If permission is granted you will need to remove it at the end of your tenancy and reinstate the ground or you will be charged.
If your garden is untidy and/or overgrown we will give you an opportunity to clear this. If you do not take action as advised by us, we will seek an appropriate legal remedy such as an injunction to ensure the work is carried out and the garden maintained.
Vehicles and Parking You, any members of your households or visitors to the property are expected to park considerately and adhere to the Highway Code and any conditions set out by bpha in respect of your neighbourhood.
If you, a member of or visitor to your household has abandoned a vehicle on bpha land we will give you notice to remove the vehicle. If the vehicle is not removed bpha will remove it and you will be responsible for all costs incurred. We will treat any vehicle as abandoned if it is on our land and is untaxed or unroadworthy.
Covenants You will comply with any covenants that apply to your property of which you are made aware of at sign up or at a later date by a representative of bpha.
7. Health, Safety and Hygiene Minimising the Risk of Fire You, your family, friends and relatives, or anyone living with or visiting you (including children) must
• Remove any doors from the property. When the doors are closed, they reduce the risk of fire spreading throughout your home.
• Remove, interfere or tamper with any of the door fittings or smoke and heat alarms
• Prop open communal or fire safety doors.
• Block corridors, balconies or staircases with any items.
• Install any kind of fire including open fires and wood burners.
• Store any flammable materials such as gas, paraffin or oil in the property.
• Hoard materials which will pose any risk to you, other members of your household and/or your neighbours or damage the structure of the building.
• Install or use any oil or gas appliances in a flat unless connected to an outside flue and authorised by bpha with the required periodic checks of such appliances.
• Use any portable oil, paraffin or gas appliances in your home with the exception of oil filled radiators.