Drumchapel Housing Co-operative's Scottish Secure Tenancy Agreement
1. INTRODUCTION
________________________________________
1.1 This document is a Scottish Secure Tenancy Agreement between us, Drumchapel Housing Co-operative Limited (hereinafter referred to as The Co-operative) whose registered address is 4 Kinclaven Avenue, Drumchapel, Glasgow G15 7SP, and you:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (tenant/joint tenant); and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (joint tenant)
1.2 We agree to rent accommodation to you on the terms and conditions in this Agreement. The accommodation includes the fixtures and fittings contained within it, the use of the common parts and the means of access to it. It also includes any other facilities that we may specify in writing to you. It is referred to as the “house” in this Agreement. The term “common parts|” is explained in paragraph 1.14
1.3 The full address of the house is:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1.4 The tenancy started on:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (the entry date)
This is regardless of the date on which this Agreement is signed.
This Agreement will continue from the entry date until . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and after that on a calendar monthly basis. There are different ways of ending the tenancy and these are described in Part 6 of this Agreement.
1.5 The rent is £________________ every calendar month, payable in advance by you on or before the first day of the month for which the rent is due.
1.6 The tenant(s) agree in the event of qualifying for housing benefit/Universal Credit Housing costs, that all housing benefit payment and qualifying universal credit housing costs will be paid direct to the Co-operative on behalf of the tenant. The tenant(s) agree in the event of qualifying for Universal Credit that, in the event , that they satisfy the good reason test (e.g. rent arrears) that they will apply for a managed payment arragement to have all housing costs paid direct to the Co-operative .
1.7 We do provide services in connection with your tenancy. These are set out in a separate document together with the cost of each of those services. That document also states whether the services are optional or compulsory. That document forms part of this agreement. It is a condition of this agreement that you pay for those compulsory services.
1.8 We will consult you about any proposed increase in rent or service charge and have regard to your opinions before we make our decision. We are entitled to change the amount of rent and any service charge, as long as we tell you in writing at least four weeks before the beginning of the rental period when the change is to start. We will not normally change the rent more than once every twelve months. You have a right on request to a statement of our rent and service charge policy. See clause 8.3 for more details.
1.9 If you break any part of this Agreement, we may:
- take legal action against you (including eviction proceedings)
AND
- charge you for any resulting losses we have suffered including any legal expenses as awarded or assessed by the court.
1.10 You can telephone us or write to us if you would like to know more about anything contained in this Agreement. We will do our best to help you. You can also get independent advice and information from a number of organisations such as Law Centres, Solicitors, Housing Advice Centres, Citizens Advice Bureaux, Tenants Associations, the Commission for Racial Equality and the Equal Opportunities Commission.
1.11 If you want another copy of this Agreement, we will provide one on request. If you want a copy of it in another language, or another form (such as Braille or audio tape), please tell us and we will provide you with one as soon as we can. However, in the event of any dispute, it is this version of the Agreement which is binding on you and us.
1.12 You are quite separately responsible for the payment of the Council Tax and any other burden imposed by the local authority or water authority. In the event of you failing to meet any of these obligations and the Co-operative being held liable, the sum charged will be recovered from you by the Co-operative. If you do not pay this amount within one day of the date of the invoice, you will be deemed to have breached your obligations under this Agreement.
1.13 At the date of the commencement of this tenancy, the tenant is a member of the Co-operative and shall remain a member of the Co-operative.
1.14 In this Agreement, the following words have the following meanings except where the context indicates otherwise.
· We/us/ our - the landlord
· You/ your - the tenant and any joint tenant
· Tenant - includes any joint tenant
· Neighbour - any person living in the locality
· Neighbourhood - the locality of your house
· Common Parts - this includes any part of the structure and exterior of the building in which the accommodation is located (such as the roof, guttering, and outside walls) as well as any common facilities in that building (such as: the common close, common stairway, entrance steps, paths, entrance doors and doorways, passages, bin chute accesses, yard, gardens, outhouses, bin areas, cellar, back green and back court)
· Repair - See paragraph 5.1
· House - See paragraph 1.2
· Co-habitee - a person, whether of the opposite sex or not, who is living with you in a relationship similar to that of husband and wife or civil partner
· Family - this term includes your spouse, civil partner, co-habitee, parent, grandparent, child (including a child treated by you as your child and stepchildren), grandchild, brother, sister, uncle, aunt, niece, nephew; and any of those of your spouse
· Antisocial- See paragraph 3.2
· Overcrowding - more people are sleeping in the house than is allowed by section 135 of the Housing (Scotland) Act 1987.
· Scottish secure tenancy - a tenancy as defined by section 11 of the Housing (Scotland) Act 2001
1.15 This Tenancy Agreement, in parts, attempts to summarise current legislation. In case of conflict between those parts and current legislation, the legislation shall prevail. Where legislation has been amended since this Agreement was entered into, this Agreement shall be read consistently with the amended legislation.
1.16 You are responsible for ensuring that no one living with you does anything that would be a breach of this Agreement if they were the tenant. If they do, we will treat you as being responsible for any such action.
1.17 CHANGING THIS TENANCY AGREEMENT
No part of this Agreement may be changed except in the following circumstances:
- we and you agree in writing to change it;
OR
- we increase the rent or service charge in the way described in paragraph 1.7 above;
OR
- we or you apply to the Sheriff under Section 26 of the Housing (Scotland) Act 2001 for an order to change the Tenancy Agreement and the Sheriff grants such an order.
OR
- we serve a notice on you in terms of Section 35 of the Housing (Scotland) Act 2001 (as amended) converting your Scottish Secure Tenancy to a Short Schottish Secure Tenancy on the basis of anti-social behaviour in the preceding 3 years by you, a joint tenant, a sub-tenant or a person residing, lodging with or visiting you.
1.18 JOINT AND SEVERAL LIABILITY
If two or more people have signed this Agreement, they are jointly and severally liable for the terms and conditions of this Agreement. This means that each one of them is fully responsible for making sure that all the conditions in this Agreement are kept to, including payment of rent. You can apply for a joint tenant to be added to the tenancy; see paragraph 4.1 below.
2. USE OF THE PROPERTY AND COMMON PARTS AND TELLING US ABOUT CHANGES TO WHO IS LIVING IN YOUR HOME
________________________________________
2.1 You must take entry to the house, occupy and furnish it and use it solely as your only or principal home. Any change in the household composition from that set out in the household composition details, which are provided immediately prior to your signature, will require our permission in writing. You must tell us about who is living in the house including when anyone moves out. If you do not tell us about changes to your household this may impact on your ability to make changes to the tenancy. You should tell us as soon as there is any change in those who are living in your house.
2.2 You, those living with you, and your visitors must take reasonable care to prevent damage to:
- the house
- decoration
- our furniture
- the fixtures and fittings
- the common parts
- your neighbours’ property
For example:
- before you leave the house, you must check reasonably thoroughly that there is no risk of damage from fire, water or gas supplies in your house;
- you must tell us if you intend to go away for more than four weeks and your house will be unlived in during that time;
- if your house is going to be unlived in for any length of time, and there is a risk of water pipes freezing when you are away, you must tell us before you leave.
2.3 You and anyone living with you must not run any kind of business from the property. However, if you ask us, we may give permission. See Part 10.2 of this Agreement for more information about doing this. If we give permission, we may attach conditions.
2.4 You must not allow your house to become overcrowded. If the overcrowding is as a result of an increase in the size of your family living with you, you should apply to us for a house transfer. We will try to get you a larger house. In this circumstance only, we will not treat you as being in breach of this condition. However, if we offer you suitable alternative accommodation, you must agree to take it, unless there are good reasons for not taking it.
2.5 KEEPING OF PETS
You must comply with the Co-operative’s Policy and Procedures on the keeping of pets. Pets or other animals may only be kept with the prior written consent of the Co-operative.
- you may not keep a dog which is prohibited by the Dangerous Dogs Act 1991 or by any other law, and in particular, Pit Bull Terriers, Rottweilers or any dog related to such breeds
- permission will not be granted to keep pigeons, fowl or other livestock
- you must take all reasonable steps to supervise and control any pet, owned by you or someone living with you, at all times, ensuring that annoyance or danger is not caused to other neighbours or residents; this includes fouling or noise or smell from your pet
- you must take all reasonable steps to ensure that any pet does not foul or cause damage to or deterioration in the condition of the house, your neighbour's property, anything belonging to us or anything that we are responsible for, including the common parts.
- you wil be resposible for cleaning your dod’s faeces in the event that consent is given to keep a dog
- we will be entitled to require the removal of the pet if any of the conditions of our policy on keeping pets, applying at the time, are breached; copies of our full policy are available on request from our office
- removal of any pet will be required to take place within 14 days of a written request to remove the pet, as a result of the breach of policy
- if you fail to comply with the policy on the keeping of pets, you will be considered to have breached your responsibilities under this Agreement
2.6 You must not use or allow the house to be used for illegal purposes. This includes, but is not limited to, the following: dealing in controlled drugs; prostitution; running a brothel; dealing in stolen goods; illegal betting and gambling.
2.7 You must take all reasonable efforts to heat the house, taking into account your income. You must make reasonable efforts to ventilate the house, using any suitable means provided in the house for doing so.
2.8 In addition to the compulsory services provided, you must take your turn with all other tenants sharing the common parts, in keeping them clean and tidy. If you share a common stair, you must also take your turn in regularly cleaning, washing and keeping tidy the common stair, its windows and bannisters, not less than once a week.
- tenants of the ground floor houses are responsible for sweeping and cleaning the ground floor passages, entrances, doors and windows
- tenants on all houses above the ground floor are responsible for sweeping and cleaning stairs, landings, passages and windows etc. on their floor and the section of staircase leading to the floor below
- in turn with other occupiers, you must sweep and clean the common backcourt and bin store area at least on a weekly basis, or as otherwise required by the Co-operative
2.9 You may not use the verandahs or gardens or areas of open spaces for the drying of washing other than those areas specifically provided by the Co-operative for that purpose.
2.10 You may not store any property belonging to you, or anyone residing with you (including bicycles, motorcycles and prams) in any verandah, common garden area or open space.
2.11 If you have exclusive use of a garden attached to the house, you must take reasonable care to keep it from becoming overgrown, untidy or causing a nuisance (unless we have agreed to take care of it). If you fail to do this, we are entitled to decide exactly what work requires to be done so as to comply with this duty. Before making our decision, we will consult with you. Our decision will be binding on you. If you do not do the work contained in this paragraph we may do it ourselves and charge you for it. This is in addition to any other legal remedies we may have. You must not remove, chop down or destroy any bushes, hedges or trees without our written permission.
2.12 If you share a garden with others, you must take your turn with them to keep it from becoming overgrown, untidy or causing a nuisance (unless we have agreed to take care of it). If you and the others cannot agree on the arrangements for doing this or you fail to do the work, we are entitled to decide exactly what you should do and when. Before making our decision, we will consult with you and the others. Our decision will be binding on you. If you do not do the work contained in this paragraph, we may do it ourselves and charge you for it. This is in addition to any other legal remedies we may have. You must not remove, destroy or chop down any bushes, hedges or trees without our written permission.
2.13 No property belonging to you or anyone residing with you or any visitors, including bicycles, motorcycles or prams, should be stored in any of the common parts except in areas set aside for storage. You must not do anything which causes inconvenience or danger to anyone using the common parts.
2.14 You must put all your household rubbish for collection in the bin store or other proper place allocated for it. You must take reasonable care to see that your rubbish is properly bagged. If rubbish is normally collected from the street, it should not be put out earlier than the evening before the day of collection. Rubbish containers should be returned to their normal storage places as soon as possible after the rubbish has been collected. You must comply with the local arrangements for the disposal of large items (such as large electrical items).
2.15 You must not use heaters fired by paraffin or liquid petroleum gas.
2.16 You are not permitted to store liquid petroleum gas containers or other flammable substances, or explosive substances in the house or areas for exclusive use or in any of the common ground or open spaces.
2.17 No vehicle, caravan or trailer belonging to you (or in your custody) or anyone living with you or anyone visiting you may be parked on our land unless:
- that land is set aside for parking
OR
- we have given you written permission
AND, in every case you will use reasonable endeavours, so that:
- it does not cause a nuisance or annoyance to your neighbours
- it is not used for domestic dwelling purposes
- it is not used for business purposes while parked
2.18 Nothing belonging to you, or anyone living with you, or your visitors, may be left or stored on our land unless:
- the land is set aside for that purpose
OR
- we have given you written permission
AND, in every case:
- it does not cause a nuisance or annoyance to your neighbours
2.19 If you want to change any part of this Agreement which restricts your use or enjoyment of the house, you must first ask us in writing. If we refuse, you have a right to make an application to the Sheriff. See paragraph 10.2 for more details.
3. RESPECT FOR OTHERS
________________________________________
3.1 You, those living with you, and your visitors, must not harass or act in an anti-social manner to, or pursue a course of anti-social conduct against, any person in the neighbourhood. Such people include residents, visitors, our employees, agents and contractors and those in your house.
3.2 ‘Anti-social’ means causing or likely to cause alarm, distress, nuisance or annoyance to any reasonable person or causing damage to anyone’s property. Harassment of a person includes causing the person alarm or distress. Conduct includes speech. A course of conduct must involve conduct on at least two occasions.
3.3 In particular, you, those living with you, and your visitors must not:
- make excessive noise (e.g. at a level that can be heard outside the home); this includes, but is not limited to, the use of televisions, hi-fi’s, radios and musical instruments and DIY tools
- fail to control your or their pets or other animals properly or allow them to foul or cause damage to other people’s property
- allow visitors to your house to be noisy or disruptive
- use your house, or allow it to be used, for illegal purposes
- vandalise or damage our property or any part of the common parts or neighbourhood
- leave rubbish in unauthorised places
- allow your, or their, children to cause nuisance or annoyance to other people by failing to exercise reasonable control over them
- harass or assault any person in the house, or neighbourhood, for whatever reason; this includes that person’s race, colour or ethnic origin, nationality, gender, sexuality, disability, age, religion, or other belief, or other status
- use or carry offensive weapons
3.4 In addition, you, those living with you, and your visitors must not do the following in an anti-social way:
- run a business from your house
- park any vehicle, caravan or trailer
- carry out work to any type of vehicle, caravan or trailer
- use or sell alcohol or drugs
The particular prohibitions on behaviour listed in paragraphs 3.3 and 3.4 do not in any way restrict the general responsibilities contained in paragraph 3.1 above.
3.5 You, those living with you, and your visitors, must not bring into the house or store in the house any type of firearm or firearm ammunition, including air guns.
3.6 You will be in breach of this Agreement if you, those living with you, or your visitors do anything which is prohibited in this Agreement.
3.7 If you have a complaint about nuisance, annoyance or harassment being caused by a neighbour (or anyone living with him/her or his/her visitors), you may report it to us. We will aim to investigate your complaint within 10 working days. If we are unable to complete the investigation within this timescale we will give you an estimate of the time that will be required to undertake the investigation. If, after investigation, there are good grounds in our opinion for your complaint, we will take reasonable steps to try to prevent the behaviour happening again. These steps may include mediation or legal action. A copy of our written policy about dealing with these kinds of complaints is available from us.
3.8 We will act fairly to you in all matters connected with your tenancy. We will not unfairly or unlawfully discriminate against you in any way on the grounds of your race, colour, ethnic origin, nationality, gender, sexuality, disability, age, religion or other belief or other status. If you believe we have acted unfairly to you in any way, you may wish to use our complaints procedure. You may also wish to take independent advice.
4. SUB-LETTING, ASSIGNATION JOINT TENANTS AND EXCHANGE OF YOUR TENANCY
________________________________________
4.1 If you want to:
- take in a lodger; OR
- sub-let part or all of your house; OR
- assign the tenancy (pass on the tenancy to someone else); OR
- carry out a mutual exchange;
- change your tenancy to a joint tenancy;
- otherwise give up lpossession of the house
you must first get our written permission. To do this, you must tell us in writing:
- the details of the proposed change, including who you want to sub-let or assign to, take as a lodger or joint tenant, or exchange with (and the house involved); AND
- the amount of rent and any other payments (including a deposit) you propose charging (if any); AND
- when you want the sub-letting, lodging, assignation, exchange or change in tenancy to take place
If you want to assign your tenancy, the house must have been the only or principal home of the person to whom you want to assign the tenancy for at least 6 months before the date of your written request.
From 1 November 2019 there will be new notification and residency requirements that have to be met for subletting, assignation and adding a joint tenant to your tenancy agreement as follows -
4.1.1 Subletting
From 1 November 2019 if you want to sublet all or part of the house, the house musthave been your only or principal home for at least 12 months immediately before the date of your written request to sublet the house to someone else. If you were not the tenant throughout that period, the house must have been your only or principal home during those 12 months and the tenant must have told us that you were living there. The length of time the person who wants to sublet all or part of the house has been living in the property starts from the date we are notified that the person is living in the property as their only or principal home. You can give us notice of someone living with you before 1 November 2019 and that time will count towards the length of time they have been living at the property.
4.1.2 Assignation
From 1 November 2019 if you want to assign this tenancy to another person, the house must have been your only or principal home during the 12 months immediately before the date of your written request to assign the tenancy to someone else. In addition, the person who you wish to assign your tenancy to must have been living in the house as their only or principal home for at least 12 months before the date of your written request and you, a joint tenant or the person who you now wish to assign the tenancy to must have notified us of them moving into the property. The length of time the person you want to assign this tenancy to must have been living in the property starts from the date we are notified that the person is living in the property as their only or principal home. You can give us notice of someone living with you before 1 November 2019 and that time will count towards the length of time they have been living at the property.
4.1.3 Joint Tenancy
From 1 November 2019 if you want another person to be a joint tenant, the house
must have been the only or principal home of the person who is to become a joint
tenant for at least 12 months immediately before the date of your written request
and you, a joint tenant or the person you now wish to become a joint tenant must
have notified us of them moving into the house. The person you wish to add as a joint tenant, and any existing joint tenants must apply to us in writing along with you. The length of time the person you want to add as a joint tenant must have been living in the property starts from the date we are notified that the person is living in the property as their only or principal home. You can give us notice of someone living with you before 1 November 2019 and that time will count towards the length of time they have been living at the property.
[landlords who are fully mutual housing co-operatives should include the following:
“The assignee, subtenant, joint tenant or tenant moving into the house as a result of an assignation, sublet, lodging agreement or giving up of possession or exchange must become a member of the association before the change takes effect.”]
The assignee, sub-tenant or tenant moving into the house as a result of an assignation, sub-let or exchange must become a member of the Co-operative before the change takes effect.
4.2 We will not unreasonably refuse permission for an assignation, subletting, joint tenancy, giving up of possession or taking in a lodger request. Reasonable grounds for refusing permission include the following:
· We have served a notice on you warning that we may seek eviction on certain grounds because of your conduct;
· We have obtained an order for your eviction;
· It appears that you propose to receive a payment or an unreasonable rent or deposit;
· The proposed change would lead to the criminal offence of overcrowding;
· We intend to carry out work on the house (or the building of which the house forms part) which would affect the part of the house connected with the proposed change.
From 1 November 2019 we will have the following additional reasonable grounds for refusing permission for an assignation, subletting or joint tenancy request:
· We have not been notified that the relevant person has been living in the property as their only or principal home;
· The relevant person has not been living in the property for the required 12 month period;
· For assignation requests additional grounds for us refusing permission are:
· if the proposed assignee would not be given reasonable preference (priority) in terms of our allocations policy;
· if the house would be under-occupied as a result of the assignation.
These examples do not in any way alter our general right to refuse permission on reasonable grounds. If we give permission, you cannot increase the rent or other payments made to you by the other person unless we give our permission. See
paragraph 10.2 for more detail on getting permission.
4.3 We will not unreasonably refuse permission for a mutual exchange of your house. The exchange must be with another house where the tenant holds a Scottish Secure Tenancy or a Short Scottish Secure Tenancy The landlord does not need to be us. The other landlord must also agree to the exchange. Reasonable grounds for refusing permission include the following:
- we have served a notice on you warning that we may seek eviction on certain grounds because of your conduct;
- we have obtained an order for your eviction;
- your house was let to you because of your employment with us;
- your house was designed or adapted for persons with special needs and if the exchange was allowed, there would be no person living in the house who required those designs or adaptations;
- the other house is substantially larger than you and your family need, or it is not suitable for the needs of you and your family;
- the proposed change would lead to the criminal offence of overcrowding;
- it appears that you propose to receive a payment or an unreasonable deposit.
These examples do not in any way alter our general right to refuse permission on reasonable grounds. See paragraph 10.2 for more details on getting permission.
4.4 If you are married, in a civil partnership or if you live in the house with someone as husband and wife, we may need their consent. If you are a joint tenant, we will need the other tenant’s written consent to the proposed change. If you want to change the joint tenancy to a single tenancy because the other joint tenant has abandoned the tenancy, you should ask us to use our powers under paragraph 6.8 of this agreement.
5. REPAIRS, MAINTENANCE, IMPROVEMENTS AND ALTERATIONS
________________________________________
REPAIRS AND MAINTENANCE : OUR RESPONSIBILITIES AND RIGHTS
5.1 In this Agreement, the word ‘repair’ includes any work necessary to put the house into a state which is wind and watertight, habitable and, in all respects, reasonably fit for human habitation.
5.2 Before the start of the tenancy, we will inspect your house to ensure that it is wind and watertight, habitable and, in all other respects, reasonably fit for human habitation. If repair or other work needs to be done to bring the house up to that standard, we will do so before the tenancy begins. We will notify you about any such work. Any other repairs may be carried out after the tenancy begins.
5.3 During the course of your tenancy, we will carry out repairs or other work necessary to put the house in a condition which is tenantable, wind and watertight and, in all other respects, reasonably fit for human habitation. We will carry out repairs within a reasonable period of becoming aware that the repairs need to be done.
5.4 We will carry out a reasonably diligent inspection of the common parts before the tenancy begins. We will take reasonable steps to remove any danger we find before you move into your house. We will repair any other defect we find which will significantly affect your use of the common parts, or the house, within a reasonable period.
5.5 If we need the co-operation or permission of another person to carry out repairs or other work to the house or common parts, or to inspect, we will do our best to get it. We may be unable to do non-emergency repairs until we get such permission.
5.6 Our general repair obligations contained in paragraphs 5.2 and 5.3 include a duty to carry out repairs relating to water penetration, rising dampness and condensation dampness as well as the obligations contained in this paragraph.
5.7 Our duty to repair includes a duty to take into account the extent to which the house falls short of the current building regulations by reason of disrepair or sanitary defects.
5.8 We will:
- keep in repair the structure and exterior of the house;
- keep in repair and in proper working order, any installations in the house provided by us and required for: the supply of water, gas and electricity sanitation (for example basins, sinks, baths, showers, toilets) hot water heating space heating (for example central heating) including fireplaces, flues and chimneys
- installations include those which we own or lease which directly or indirectly serve the house; we will not however, be responsible for repair of any fixtures and fittings not belonging to us which make use of gas, electricity or water. Neither will we be responsible for the repair or maintenance of anything installed by you or belonging to you which you would be entitled to remove from the house at the end of the tenancy unless we have specifically agreed;
- if your house is served by a communal television or communications aerial provided by us, we will take reasonable steps to repair any defect within a reasonable period; where repairs or maintenance have to be done, we will make reasonable efforts to minimise disruption to you.
- we will explain to you the operation and maintenance of any smoke detector(s) installed by the Co-operative; we will service and maintain the detector(s) on an annual basis, changing the battery at that time, where necessary; the Co-operative is not responsible for the consequences of the failure of smoke detection equipment.
5.9 Nothing contained in this Agreement makes us responsible for repairing damage caused accidentally, wilfully or negligently by you, anyone living with you or an invited visitor to your house. If we decide to carry out the work, you must pay us for the cost of the repair. This paragraph does not apply to damage caused by vandals (provided that you have reported the damage to the police and us as soon as the damage is discovered).
5.10 We will carry out necessary repairs due to fire, flood or Act of God, within a reasonable time or offer equivalent permanent re-housing as soon as such a house becomes available. Until that time, we will try to help you to get temporary accommodation if the house is uninhabitable.
5.11 We have the right to come into your house to inspect it and its fixtures and fittings, or carry out repairs to it, or adjoining property, during reasonable times of the day. We will give you at least 24 hours notice in writing. We have the right of access to your house in order to lay and test wires, cables and pipes for the purposes of telecommunications, water, gas and electricity, providing we give you reasonable notice in writing. We have the right of access to the common parts at any reasonable time. If you refuse us entry, we will have the right to make forcible entry provided we have given you every reasonable opportunity to let us in voluntarily. If we have to make forcible entry, in this situation, you are liable for the costs of any damage reasonably caused. In an emergency, we have the right to make forcible entry to your house without notice.
5.12 If we know that any house or flat adjoining your house, which we own, is likely to remain unlived in for longer than four weeks, we will take all reasonable steps to avoid damage or danger to you or your property arising from that house or flat being unoccupied. These steps may include, but are not limited to the following:
- to seeing that its doors and windows are properly secured
- to seeing that the water, gas and electricity supplies to the house or flat are turned off where possible
5.13 If we cause damage to the house or your property in connection with inspections, repairs or improvements or entry, we will reinstate the damage. However, we are not responsible for damage to your decoration, fixtures, fittings, floorcovering which you are required to remove to allow a repair to be carried out. We have a right to require you to move temporarily to suitable alternative accommodation if this is necessary for the repairs to be done. If you are moved temporarily, we will reimburse you for any reasonable extra expenses you have as a result. You will be charged rent during this period but no more than you normally pay.
5.14 Our duties to repair contained in this part of the Agreement continue until this Agreement comes to an end.
REPAIRS AND MAINTENANCE : YOUR RESPONSIBILITIES AND RIGHTS
5.15 You must report to us, as soon as reasonably possible, any damage to the house, the common parts or loss or damage to our property. You can do this in person or by telephone. You can arrange for someone else to do this on your behalf.
5.16 You are responsible for taking reasonable care of the house. This responsibility includes carrying out minor repairs and internal decoration. It also includes keeping the house in a reasonable state of cleanliness. However, you are not responsible for carrying out repairs which are due to fair wear and tear. You cannot carry out any internal decoration or other works that could prejudice the health and safety of quality of environment of people living in the house or neighbours. You cannot use artex or similar substances or expounded polystyrene decorative finishes.
You are responsible for replacing lost or broken keys and any other cost incurred through forcing entry as a result of lost or broken keys.
5.17 You must take reasonable care to ensure that water pipes do not freeze. In the event of the property being unlived in, you should inform us and you should ensure that the internal water supply is turned off and pipes and tanks etc. are drained.
5.18 You have a right to have certain small repairs carried out within fixed time limits and instruct contractors specified by us if they are not done within those time limits. You may also have a right to compensation in the case of delay. We will tell you when you report the need for a repair whether that repair is one covered by this scheme.
5.19 If we have failed to carry out repairs that we should under this Agreement, you have the right to carry out the repairs yourself and deduct the reasonable cost of doing so from your rent. However, you may only do so if:
- you have notified us in writing about the need for the repairs; AND
- we have not done those repairs within a reasonable period; AND
- you have made a formal complaint under our complaints procedure (see paragraph 9.1); AND
- you have finished the complaints procedure and you are still dissatisfied, OR 3 months have passed since you made the formal complaint under the complaints procedure
YOU ARE STRONGLY ADVISED TO TAKE LEGAL ADVICE BEFORE EXERCISING YOUR RIGHT UNDER THIS PARAGRAPH. YOUR HOME IS AT RISK IF YOU WRONGLY EXERCISE THIS RIGHT.
All repair work instructed by you must be done by a reputable firm and must conform to all current legislation.
5.20 You are strongly recommended to insure your personal possessions against loss or damage caused by fire, flood, theft, accident, etc.
ALTERATIONS AND IMPROVEMENTS
5.21 If you want to:
- alter, improve, or enlarge the house, fittings or fixtures;
- add new fixtures or fittings (for example kitchen or bathroom installations, central heating or other fixed heaters, double glazing, or any kind of external aerial or satellite dish);
- put up a garage, shed or other structure;
- decorate the outside of the house.
you must first get our written permission. We will not refuse permission unreasonably. We may grant permission with conditions, including conditions regarding the standard of the work. See paragraph 10.2 for more details about the procedure.
5.22 If you have made alterations or improvements with our permission, you may be entitled to compensation at the end of your tenancy under regulations governing such arrangements. We also have the power, even if you do not qualify under these Regulations, to make a discretionary payment.
5.23 If you carry out any alterations or improvements without our permission, we are entitled to restore the house to its previous condition during, or at the end of, your tenancy. If we do so, we are entitled to charge you for this work.
6. ENDING THE TENANCY
________________________________________
The Tenancy Agreement can be ended in any one of the following ways:
6.1 BY NOTICE
You, together with any joint tenant, give us at least twenty-eight days written notice. You must tell us at the same time if you are married, in a civil partnership or if you live in the house with another person as husband and wife. If you do, their agreement may also be required.
OR
6.2 BY WRITTEN AGREEMENT
By written agreement between you, any joint tenant, and us. You must tell us at the same time if you are married, in a civil partnership or if you live in the house with another person as husband and wife. If you do, their agreement may also be required.
OR
6.3 BY COURT ORDER
The sheriff grants an order for eviction following a request by us. You have a right todefend any legal action taken by us against you. We may ask for such an order underSection 14 of the Housing (Scotland) Act 2001 on any of the grounds contained withinSchedule 2 of the Act. Before we do so, we will first send you a written warning. Wewill also send that written warning to anyone else living with you who is a member ofyour family aged 16 or over, your lawful subtenants, lodgers and assignees. They will also have a right to take part in the court proceedings. The following is a summary of the grounds contained within that Act and does not change the legal position contained in that Act.
· you owe us rent or you have broken some other condition of this Agreement.
· you, someone residing in your house, or anyone visiting it, has been convicted of using the house or allowing it to be used for illegal or immoral purposes or a criminal offence, punishable by imprisonment, which was committed in the house or the locality.
· the condition of the house or common parts, or furniture we have supplied, has deteriorated because of the fault of you, your subtenant or somebody in your household.
· you, and your spouse, civil partner or co-habitee, have been absent from the house for more than six months without good reason or you have stopped living in it as your principal home.
· we gave you this tenancy as a result of false information given by you in your application for the house.
· you, someone residing in your house, or anyone visiting it, has acted in an antisocial manner towards (or has harassed) someone else in the locality and it is not reasonable for us to transfer you to another house.
In all the above cases, the sheriff must also be satisfied that it is reasonable to make an order for eviction unless we are relying solely on paragraph 2 of Schedule 2 of the Act and have served the appropriate notices within 12 months of the conviction or
appeal in accordance with section 16(2)(aa) of the Act in which case the Sheriff must grant an order for eviction.
· you or someone residing in your house has been guilty of nuisance or annoyance in or in the neighbourhood of the house, or has pursued a course of conduct amounting to harassment of someone else in the locality and it is appropriate, in our opinion, to transfer you to another house.
· the numbers of people in the house amount to the criminal offence of overcrowding.
· we intend to demolish or carry out substantial work to your house (or the building in which it is located) within a reasonable time and that work cannot be done if you are still living there.
· the house has been designed or adapted for people with special needs and no one in your household has such special needs but we require the house for someone who has.
· the house is part of a larger group of houses which have been designed or adapted or located near facilities for people with special needs and no-one in your household has those needs but we require the house for someone who has.
· we have leased your house from somebody else and that lease has ended or will end within six months.
· [we are an islands council, the house is held for education purposes, you used to be employed by us for education purposes but you are not now (or will soon cease to be) and it is needed for someone else for those purposes].
In the seven cases above, the sheriff must grant an order for eviction if we also offer you a suitable alternative house as defined by Schedule 2 (Part 2) of the Housing (Scotland) Act 2001.
· we want to transfer the house to your husband or wife (or ex-husband or wife), civil partner or co-habitee, where one of you no longer wishes to live with the other. In this case, we will offer you a suitable alternative house as defined by Schedule 2 (Part 2) of the Housing (Scotland) Act 2001. The sheriff must also be satisfied that it is reasonable to grant the order.
OR
6.4 BY ABANDONMENT BY YOU
We have reasonable grounds for believing that you have abandoned the house. In this case, we may forcibly enter the house to make it secure. We will also give you at least 4 weeks’ notice that we believe that you have abandoned the house. If, at the end of that period, we have reasonable grounds for believing that you have abandoned the house, we may repossess it by service of another notice. You have a right to make application to the Sheriff against repossession within six months. We will secure the safe custody and delivery to you of any property which is found in the house. We will have the right to make a charge for this and to dispose of any property if you have not made arrangements for its delivery within a given period.
OR
6.5 BY DEATH
By your death, if the tenancy does not pass to someone else (see Part 7 below).
OR
6.6 By Sale to You
If we offer to sell your house to you and you buy your house from us, your tenancy will terminate on the date of transfer of ownership. Until that point, this Agreement remains in force.
OR
6.7 By conversion to a short Scottish secure tenancy
If an antisocial behaviour order has been made against you, or anyone living with you, or if we believe that you, or anyone living with you or visiting you has been acting in an antisocial manner or pursuing a course of conduct amounting to harassment in the previous 3 years, we may serve a notice on you converting your tenancy to a short Scottish secure tenancy. Your tenancy under this Agreement ends on service of that notice. You have a right to make application to the sheriff if we do this.
6.8 ABANDONMENT BY A JOINT TENANT
If we have reasonable grounds for believing that your joint tenant has abandoned the house, we will give that tenant 4 weeks’ notice. If we are satisfied on reasonable grounds, at the end of the four week period, that the joint tenant has abandoned the house, we may serve another notice. This second notice will terminate that joint tenant’s interest in the tenancy in not less than 8 weeks. That second notice will not, however, terminate the tenancy which will continue. That person has a right to make an applicatoin to the sheriff if we do this.
6.9 TERMINATION BY JOINT TENANT ALONE
A joint tenant may, at any time, end his or her interest in the tenancy of the house by giving 4 week’s written notice to us and to the other joint tenant. That notice will not, however, terminate the tenancy which will continue.
6.10 Before moving out of your house, you must do the following:
- leave the house in a clean and tidy condition;
- remove all your belongings;
- make sure any lodgers or sub-tenants leave with you;
- allow us access to your house before you move out, at reasonable times, to show new tenants round;
- hand in your keys to the housing office;
- remove any fixtures and fittings you have installed without our written permission and put right any damage caused. This does not affect your obligations under paragraph 5.21 above.
- check with us to make sure that you have paid all payments due to us;
- apply for any compensation you may be entitled to under clause 5.22 above;
- leave the house in good decorative order;
- do the repairs you are obliged to do;
- give us a forwarding address unless there is good reason for not doing so.
7 AFTER THE TENANT’S DEATH
7.1 If you die, the tenancy may be inherited by one of the following people in the following way.
From 1 November 2019 there will be new notification and residency requirements that have to be met for someone to inherit your tenancy and these are set out for the various levels below.
7.2 Level One
· your spouse, civil partner or co-habitee if the house was their only or principal home on your death; OR
· a joint tenant, if the house was his or her only or principal home on your death.
In the case of a co-habitee, he or she must also have occupied the house as his/her only or principal home for at least 6 months immediately before your death.
From 1 November 2019 a co-habitee must also have occupied the house as his/her only or principal home for at least 12 months immediately before your death.
The 12 month period cannot begin unless we have been told that the individual is living in the property as their only or principal home. We must have been told that by you, a joint tenant, or the person who wishes to succeed to the tenancy. The length of time they have been living in the property starts from the date we are notified that the person is living in the property as their only or principal home. You can give us notice of someone living with you before 1 November 2019 and that time will count towards the length of time they have been living at the property.
If more than one person qualifies for the tenancy under Level One, they must decide among themselves who should get the tenancy. If they cannot agree, we will decide.
7.3 Level Two
If no-one qualifies at Level One, or a qualified person does not want the tenancy, it may be inherited by a member of your family as long as:
· he or she is aged at least 16 at the date of death;
· the house was his or her only or principal home at the date of death.
From 1 November 2019 the member of your family must have occupied the house as his/her only or principal home for at least 12 months immediately before your death to qualify to succeed to the tenancy. The 12 month period cannot begin unless we have been told that your family member is living in the property as their only or principal home. We must have been told that by you, a joint tenant, or the person who wishes to succeed to the tenancy. The length of time they have been living in the property starts from the date we are notified that the person is living in the property as their only or principal home. You can give us notice of someone living with you before 1 November 2019 and that time will count towards the length of time they have been living at the property. if more than one person qualifies for the tenancy under Level Two, they must decide among themselves who should get the tenancy. If they cannot agree, we will decide.
7.4 Level Three
If no-one qualifies at Level One or Level Two, or a qualified person does not want the tenancy, it will be inherited by a carer as long as:
· he or she is aged at least 16 at the date of death;
· the house was his or her only or principal home at the date of death;
· he or she gave up another only or principal home before the death of the tenant;
· he or she is providing, or has provided care for the tenant or a member of the tenant’s family.
From 1 November 2019 the carer must have occupied the house as his/her only or principal home for at least 12 months immediately before your death to qualify to succeed to the tenancy. The 12 month period cannot begin unless we have been told that the carer is living in the property as their only or principal home. We must have been told that by you, a joint tenant, or the carer who wishes to succeed to the tenancy. You can give us notice of someone living with you before 1 November 2019 and that time will count towards the length of time they have been living at the property.
If more than one person qualifies for the tenancy under Level Three, they must decide among themselves who should get the tenancy. If they cannot agree, we will decide.
7.5 If the house was designed or substantially adapted for a person with special
needs, no person will qualify under level two or three above unless that person has
special needs requiring the type of accommodation in the house. If a person would
have qualified, but for this paragraph, we will make other suitable accommodation
available.
7.6 If someone qualifies for the tenancy but does not want it, they should tell us in
writing within four weeks of the death and leave the house within three months. Rent will be charged only for the actual period of occupation.
7.7 The tenancy can only be inherited twice under the provisions noted above. If
the tenancy has already been inherited twice, the third death will normally end the
tenancy. This will not happen if there is a surviving joint tenant whose Scottish secure tenancy will continue. However, if there is still a person in the house who would otherwise qualify to inherit the tenancy under the above paragraphs, the tenancy will continue for up to 6 months after the last death. The tenancy will not be a Scottish secure tenancy for that period.
7.8 Where the landlord is a registered social landlord which is a co-operative housing association the qualifying person must also apply for membership and be accepted as a member of the association within a four week period of the tenant’s death or notification of right to succeed. If the qualifying person fails to do so or the association refuses the application for membership, the person will be treated as having declined the tenancy at the time of the tenant’s death.
7.9 The provisions noted above are a summary of the law which is contained within Section 22 of the Housing (Scotland) Act 2001. This summary does not alter that law.
8. INFORMATION AND CONSULTATION
________________________________________
8.1 You are entitled, under the Data Protection Regulation to access personal data held on you in the housing files. We will provide photocopies of this information on request. We will provide you with a copy of any such information we hold within one month of your request. You may have other rights under that Act in relation to your personal data, which we will honour. You are entitled to check information you have provided in connection with your housing application free of charge.
8.2 We will publish an annual report on our housing management performance which you may obtain from us on request. We will give you information about our complaints procedure.
8.3 On request, we will provide you with free information relating to:
- the terms of your tenancy
- our policy about setting rent and service charges
- our policy and rules about:
a) admission to the housing lists
b) allocations
c) transfers of tenants between houses
d) exchanges of houses between tenants, and tenants of other landlords.
- repairs and maintenance
- our tenant participation strategy
- our arrangements for taking decisions about housing management and services
8.4 We will consult you about making or changing:
- policies regarding housing management, repairs and maintenance if the proposal is likely to significantly affect you
- proposals for changes in rent and service charges
- proposals for the sale or transfer of your house to another landlord
- decisions about the information to be provided relating to our standards of housing management and performance
- performance standards or targets in relation to housing management repairs and maintenance
- our tenant participation strategy
- our housing allocations policy
We will take into account any views that you have before making a final decision. Any consultation with you will include giving you comprehensive information in an accessible form and reasonable time to express views.
9. COMPLAINTS
________________________________________
9.1 If you think that we have broken this Agreement, or have failed to do anything we promised, you can complain to us under the complaints procedure which we will have made available to you.
9.2 If you are still dissatisfied after going through our complaints procedure, you may also have the right to complain to the Public Sector Ombudsman. You may also wish to take advice from an independent source such as a Law Centre, Solicitor, Housing Advice Centre, Citizens’ Advice Bureau or Tenants’ Association.
9.3 If we have failed to carry out any of our material obligations under this Agreement, you have a right (in addition to any other legal rights you may have) to withhold your rent until we do comply with our obligations. However, you may only do so if:
- you have told us in writing why you think we have broken this Agreement; AND
- we have not fulfilled our obligations within a reasonable period; AND
- you have made a formal written complaint under our complaints procedure (see paragraph 9.1); AND
- you have finished the complaints procedure and you are still dissatisfied, OR 3 months have passed since you made the formal written complaint under the complaints procedure.
YOU ARE STRONGLY ADVISED TO OBTAIN LEGAL ADVICE BEFORE WITHHOLDING YOUR RENT. YOUR HOME IS AT RISK IF YOU WRONGLY WITHHOLD RENT. IT IS ESSENTIAL IN ALL CASES THAT ALL RENT WITHHELD IS PLACED IN A SECURE ACCOUNT AND THAT YOU CAN PROVIDE EVIDENCE OF THIS.
10. GENERAL PROVISIONS
________________________________________
10.1 MANAGEMENT SERVICES
You have the right, in terms of Section 55 of the Housing (Scotland) Act 2001, together with other local tenants in a Tenant Management Co-operative, to seek or take over or perform the management of one or more aspects of the housing service that we provide. We will provide more details to you about this right on request.
10.2 PERMISSIONS
- Where this Tenancy Agreement requires you to obtain our permission for anything, you must make your request in writing. We will not refuse the request unreasonably.
- If we refuse permission, we will tell you what the reason is. We will give you our decision in writing as soon as possible.
- We may give you permission on certain conditions. We may withdraw our permission if the activity which we have given you permission for is anti-social to anyone in the neighbourhood.
- If you object to our decision, you can appeal using our complaints procedure.
- If the request for permission is about taking a lodger, sub-letting, assignation, exchanging the house or creating a joint tenancy (see Part 4 of this Agreement), we will reply to your written request within one month of receipt of the written application. If we do not reply within one month, we are taken to have agreed to your request. If we refuse this kind of permission, we must notify you of the reasons for our refusal in writing within one month of receipt of your application. If you are unhappy about our refusal you have the right to make application to the Sheriff.
- If the request for permission is about alterations or improvements etc. to the house (see paragraph 5.21 of this Agreement), we will reply to you written request within one month of receipt of the written application. In that reply we will tell you if we agree to the proposed alterations etc. and if so, whether we attach any conditions. If we do not reply within one month, we are taken to have agreed to your request. If we refuse this kind of permission, we will let you know in writing our reasons for refusal within one month of receipt of your written application. If you are unhappy about our refusal or the conditions that we have attached, you have a right to make an application to the sheriff. You can appeal against a refusal or the conditions we have attached.
- If the request for permission is about changing the terms of the tenancy relating to your use or enjoyment of the house (see paragraphs 2.3 and 2.18) and we refuse permission, you have a right of application to the Sheriff.
10.3 NOTICES
· If you want to send any form of document to us, it will be sufficient if you send or deliver it to us at our headquarters or our local office. It we want to give you any document, we will deliver it to you, leave it at your last known address or send it by recorded delivery to your last known address. We will assume that this is your current address and that all documents to you should be sent there unless you tell us that you want anything to be sent to another address.
· If you are notifying us that someone is moving into or out of the property or any other changes in the household you should follow the process set out in our [tenant handbook/website etc.] and only notice given in this way will be accepted by us for the purposes of subletting, assignation, joint tenancies and succession.
10.4 COMPLETION OF THIS AGREEMENT
By signing below, you are completing a legally binding contract committing you to all of the terms of this Agreement. This Agreement does not terminate any existing tenancy. The terms and conditions of this Agreement replace the terms and conditions under any other Tenancy Agreement that you had with us, immediately before this Agreement came into effect, in relation to this house.
You:
i) confirm you have made a full and true disclosure of all information sought by the Co-operative in connection with the granting of this tenancy;
ii) confirm that you have not knowingly or carelessly made any false or misleading statement (whether written or oral) which would affect our decision to grant the tenancy;
iii) confirm all persons forming part of your household and living at this property with you.