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Tenant area

Registered Company Name:
Saffron Housing Trust Limited

Registered Office:
Saffron Barn, Swan Lane, Long Stratton, Norfolk, NR15 2XP

Company Registration Number:
04740454

VAT No:
831 2392 50

Registered Charity Number:
1103896

Housing Corp. Reg. No.
LH4412

Registered in England and Wales

Your Tenancy

Your tenancy agreement is a legal document which forms a contract between you and Saffron Housing Trust as your landlord, and you should ensure you know what rights it gives you and what responsibilities you have. These rights and responsibilities are listed in detail in your agreement.

We use 2 main types of tenancy agreement; an Assured Non Shorthold Tenancy and an Assured Shorthold Tenancy. Your agreement will tell you which one you have. We also use other types of tenancies and licences in certain circumstances.

Assured Tenancy (non shorthold)

This tenancy is the most secure and is held by the majority of our tenants. Tenants transferring from South Norfolk Council also have some additional rights which were 'protected' following transfer. A tenancy can only be ended by you or a joint tenant or by a Court Order. If the property has been abandoned we may take this to mean that you have terminated your tenancy.

Assured Shorthold Tenancy

We may use this type of tenancy if it is of a temporary nature, i.e. for a homeless family whilst permanent accommodation is found or if we do not own a property and can only rent it out for a limited period of time.

Assured Shorthold tenants do not have certain rights; these include not beingable to;

• make improvements to the property,
• claim compensation for improvements,
• exchange properties
• have a lodger or sublet
• pass tenancy on through succession
• right to buy or acquire

(If you are an Assured Shorthold tenant, the sections in this handbook relating to the above rights do not apply to you).

 Security of tenure

We can only require you to leave your home if a Court Order is obtained. We will not request this unless there is a good and specific reason. The Court will only grant a Possession Order if it is satisfied with our reason for applying.

We will not interrupt or interfere with your right to live peacefully in your home while the tenancy continues unless:

• you break any terms and conditions of the tenancy. If you do, we may take legal action to make you meet the conditions, or we may ask the Court for an order to repossess your home; or
• we need to inspect your home or carry out works of repair or improvement to your home or an adjoining property including gas servicing- we will give you at least 7 days ' prior written notice except in an emergency; or
• a court has given us possession of your home by ending the tenancy; or
• we need to make your home safe or secure because we believe that it has been abandoned or that you are no longer living there.

What happens if I break the conditions of tenancy?

If you or anyone (including children) living in or visiting your home break the conditions of tenancy we may do any of the following:–

• Carry out work to put right the condition that has been broken and charge you the full cost of the works.

• Seek a possession order to end your tenancy on grounds that are contained in Schedule 2 to the Housing Act 1988 as amended by the Housing Act 1996. If we intend to get a court order against you, we will usually give you at least four weeks' notice in writing unless severe anti social behaviour/domestic violence is involved when the notice may be less than four weeks.
• Seek an injunction to make you comply with, or stop you breaking the terms and conditions of your tenancy agreement. This may be in addition to or as an alternative to obtaining a Court Order to end your tenancy.

 Reasons why we might want to end your Tenancy,

• You are behind with the rent or have broken a condition of your tenancy.
• You, or anyone living with you or visiting you, have caused a nuisance or annoyance to your neighbours (this includes racial harassment), or have been convicted of using your home for or illegal purposes or have been convicted of an arrestable offence.
• You, or anyone living with you, have damaged or not looked after your home, any furniture provided by us, or any of the common areas shared with your neighbours.
• You made false statements to get the tenancy.

 We would provide somewhere else for you to live in the following circumstances ;

• Your home is one that has been built or adapted for a disabled person but there is no longer a disabled person living there and we need it for such a person.
• You took over the tenancy when the original tenant died and the home is too large for you. This does not apply if you are the partner of the original tenant.
• We want to demolish or work on your home and cannot do so while you are living in it.

Tenancy Rights

 What Rights do I have?  

 What are my responsibilities?

 Succession

If you die, the tenancy of your home will normally pass to your spouse or partner (including same sex) if they are living with you in your home at the time.

If there is no spouse/partner or joint tenant, the tenancy may instead pass to another close member of your family ( we may also allow succession to take place to other members of the household such as an unpaid live-in carer) who has lived at your home with you for the last 12 months before your death. In these circumstances we can reserve the right to move them to a more suitable property. If there is more than one close relative, they should decide amongst themselves who is to take over the tenancy, but if there is no agreement then we can select the successor.

The right of succession applies only once. So, for example, if you have a joint tenancy the surviving joint tenant automatically takes over and this will count as the one and only succession. However, all tenants who transferred from the Council as part of stock transfer in May 2004 will be treated as 'first time tenants' even if they have already previously succeeded to the tenancy.

 Assignment

There are three cases where we may give you consent to make an assignment. You must apply to us for our written consent beforehand. The list below is a guide to the three grounds where consent may be given.

• If it is an exchange of a tenancy with another tenant which has been agreed by us;
• If it follows the terms of a Court Order obtained in matrimonial proceedings or under the Children Act - i.e. when seeking a divorce or judicial separation;
• to a person who would be qualified to succeed to the tenancy.

An assignment can only take place when a Deed of Assignment has been completed.

Joint Tenancies

Joint tenancies are usually given to couples who are housed by us. If you have a joint tenancy, you are both responsible for meeting the obligations of the tenancy agreement for any rent arrears and any rent due in the future.

 Lodgers

You may take in a lodger if it does not cause statutory overcrowding. You do not need our permission to take in a lodger. Taking in a lodger will not affect your rent but, if you receive Housing Benefit or another form of benefit such as Income Support, your entitlement to it may be affected. If you receive Housing Benefit, you should notify the Council's Housing Benefits Section. You should also inform the Department for Work and Pensions if you take in a lodger and you are receiving Income Support.

Your tenancy cannot be passed onto a lodger and we are not responsible for finding them somewhere else to live. If you want your lodger to leave, you will be responsible for their eviction.

Subletting

Subletting is more formal than lodging. You might cook and clean for a lodger, but someone subletting would usually make their own arrangements and have the use of part of your home for just themselves.

In exceptional circumstances, we may permit you to sub-let part of your home, provided you have our written consent to do so. You must not sub-let all of your home. If you do you, your tenancy stops being an assured tenancy, which means that you could lose your home.

Relationship breakdown

We recognise that relationship breakdown is a cause of many housing problems. We will offer whatever help we can to tenants and their partners undergoing relationship breakdown. This policy applies both to heterosexual and same sex couples.

Where there are children, the aim will usually be to accommodate the adult with whom the children are resident. Where possible, this will be achieved by encouraging an assignment of the tenancy/tenancy relinquishment by the outgoing partner.

Where the tenancy is in the sole name of one person, that person will be held responsible for any arrears. Joint tenants will be held jointly and severally liable for arrears .