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Your TenancyThis section tells you about:

• Your tenancy agreement.

• Types of tenancy.

• Joint tenancies.

• Transferring your tenancy to someone else.

• What happens to your home if you die.

• Your right to apply for a transfer, or to swap your home with someone else.

• Your right to have lodgers or sub-let your property.

• Your right to make improvements to your property.

• Your right to repair.

• Your right to purchase your home.

• What we can do if your relationship breaks down.

• What we can do if you are suffering from domestic violence.

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Your Tenancy AgreementWhen you are offered a home you will be asked to sign a tenancy agreement. This is a written agreement between you and the Association. The tenancy agreement is an important document, which you should read carefully and keep in a safe place. The agreement gives you important information. It sets out:

• Which home you will be renting, when your tenancy begins and the amount of rent you have to pay.

• The type of tenancy you have. There are four types of tenancy. The difference between them is explained later.

• Your rights as a tenant.

• Your responsibilities as a tenant.

When you sign the tenancy agreement you accept the conditions of the tenancy set out in it. The purpose of this section is to give you general information about Taff Housing Association and living in one of our homes. The member of staff who signed your tenancy agreement on our behalf will have explained to you in clear terms your rights and responsibilities. However, if you are uncertain of any points, please contact your Housing Officer on 029 2025 9100.

If you require your tenancy agreement in an alternative language, larger print, Braille or a pictorial format, please let us know.

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Types Of TenancyThe Association offers four types of tenancy:

• A Secure tenancy.

• An Assured tenancy.

• An Assured Shorthold (Starter) tenancy.

• Supported Housing Scheme Occupancy Agreement.

Secure Tenancy

If your tenancy commenced before 12th January 1989, you will be a Secure tenant. You will remain a Secure tenant even if you transfer to another property owned by Taff Housing Association, as long as there is no gap between your tenancies.

As the term implies, you have security of tenure, and cannot lose your home unless the Association obtains a Possession Order against you in the County Court. The Association can only apply for a Possession Order if one of the grounds specified in the Housing Act (1985) applies. This includes breaching any of the terms of your tenancy agreement. We will only take this action if we have been unable to resolve the problem with you directly. Before we apply to court for a Possession Order, we must issue you with a legal notice telling you why we intend to take this action. This will give you a final opportunity to resolve any problems with us. You should always take legal advice from a solicitor, the local Law Centre, the Citizen’s Advice Bureau, or any other independent advice agency, if you receive any type of legal notice from us.

As a Secure tenant you have certain legal rights. These are clearly set out in a leaflet called The Tenants’ Charter. These are available from local libraries, or from our office. These rights are explained later in this chapter.

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Assured Tenancy

If your tenancy commenced after 12th January 1989, you will be an Assured tenant. This type of tenancy was introduced by the Housing Act (1988). The rights and standards you can expect as an Assured tenant are contained in a document called The Tenants’ Guarantee. You will have received a copy of this document when you signed your tenancy agreement. Your rights as an Assured tenant are explained later in this chapter.

As an Assured tenant you have security of tenure, and cannot lose your home unless the Association obtains a Possession Order against you in the County Court. The Association can only apply for a Possession Order if one of the grounds specified in the Housing Act (1988) applies. This includes breaching any of the terms of your tenancy agreement. We will only take this action if we have been unable to resolve the problem with you directly. Before we apply to court for a Possession Order, we must issue you with a legal notice telling you why we intend to take this action. This will give you a final opportunity to resolve any problems with us. You should always take legal advice from a solicitor, the local Law Centre, the Citizen’s Advice Bureau, or any other independent advice agency if you receive any type of legal notice from us.

Assured Shorthold Tenancy

An Assured Shorthold tenancy is a type of Assured tenancy, but with less security of tenure and fewer rights. The Association has opted to use this type of tenancy as a starter tenancy for all new tenants. There are some exceptions to this (for example, if you are already a Secure or Assured tenant with another housing association or local authority). The starter tenancy provides a trial period for 12 months. This gives us the opportunity to see whether you can keep to your tenancy agreement, look after your home and not be a nuisance to your neighbours. Your tenancy will convert to an Assured tenancy after 12 months as long as we have not served you with a legal notice advising you that we intend to end the tenancy, or commenced possession proceedings against you.

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As an Assured Shorthold tenant, the Association can end your tenancy by serving you with a 2-month notice, requiring you to leave the property. We will only take this action if we have been unable to resolve the problem directly with you. This will give you a final opportunity to resolve any problems with us. If you do not leave the property by the specified date, or the problems are not resolved, the Association can obtain a Possession Order from the County Court. Unlike Secure and Assured tenancies, the Courts MUST grant an order. You should always take legal advice from a solicitor, the local Law Centre, the Citizen’s Advice Bureau, or any other independent advice agency if you receive any type of legal notice from us.

As an Assured Shorthold tenant you have certain legal rights. These are explained later in the chapter.

Supported Housing Scheme Occupancy Agreement

These agreements are unique to each supported housing scheme, but will offer residents the most secure form of tenancy agreement that is appropriate for the scheme. Some of these agreements will be tenancies and some will be licenses.

You can receive more information on your occupancy agreement by contacting either the Project Manager or your Housing Officer.

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Joint Tenancies Joint tenancies will normally be offered to married couples and established couples who have been living together, including same sex couples. A sole tenant who later marries or co-habits can be granted a joint tenancy upon request. The Association will normally consider a request for a joint tenancy after your partner has been living with you for at least a year. We may refuse to grant a joint tenancy in some situations, for example, if there are rent arrears outstanding, or there has been some other breach of your tenancy conditions.

If you become a joint tenant, each of you has an equal claim to the tenancy as well as an equal responsibility. Each joint tenant can be pursued separately for any breaches of the tenancy agreement. For example, if you move out of your home, but your partner remains in occupation, you will still be liable for any rent arrears that accrue if your name is still on the tenancy agreement.

Equally, if you leave your home, but your name remains on the tenancy agreement, you do not lose any rights under the tenancy. The presence of your partner in the home ensures that you retain your security of tenure. You can therefore return at any time and claim your tenancy rights.

A tenancy cannot be changed simply because one of the joint tenants has left. We need written confirmation from both parties before the tenancy can be changed into a sole tenancy.

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A joint tenancy has clear legal status. There are only five ways in which a joint tenancy can either be ended or changed into the sole name of one partner:

1. If a Possession Order is granted by the County Court, the order will apply to both tenants, and the tenancy will be ended.

2. If both parties agree in writing, a joint tenancy can be assigned into the sole name of one of the joint tenants. The remaining tenant will then have sole rights and responsibilities under the tenancy agreement.

3. As joint tenants, either one of you can end the tenancy, by giving notice. The notice will apply to both tenants, and you will both be required to leave the property.

4. A County Court can make an order that a tenancy is assigned into the sole name of one tenant as part of a divorce, separation or guardianship proceeding.

5. If one of the joint tenants dies, the remaining tenant will succeed to take over the tenancy.

It is very important that you understand the implications of becoming a joint tenant. If you would like some further advice, please contact your Housing Officer on 029 2025 9100 or seek independent legal advice.

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Transferring Your Home To Someone ElseThis is called ‘Assignment’. If you are an Assured or Secure tenant, you may be able to assign your tenancy in certain specified circumstances, such as a marriage breakdown (see ‘Joint Tenancies’). This type of transfer can only happen with the consent of the Association, and is usually only permitted between partners. You do not have this right if you are an Assured Shorthold tenant.

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What Happens To Your Home If You Die?When a tenant dies, the tenancy can pass to certain members of the family living in their home. This right to inherit a tenancy is called a succession. This right applies to all types of tenancies. A succession can only happen once.

Succession can happen in a number of ways:

• If there is a joint tenancy, and one of the joint tenants dies, the surviving tenant succeeds to the tenancy and becomes the sole tenant. If there is no joint tenant, then the spouse or co-habitee living with the tenant at the time of death has the right to succeed to the tenancy.

• If there is no spouse or co-habitee, then another member of the family may have the right to succeed, but only if they were living with the tenant at the date they died, and for at least 12 months before that. For this purpose, family includes parents, grandparents, children, brothers and sisters, uncles, aunts, nephews and nieces. Step and half relatives also have this right.

If there is more than one family member entitled to succeed, they may decide between themselves who should take over the tenancy. If an agreement cannot be reached, then the Association will decide.

If you succeed to a property that is bigger than you need, we can ask you to move to a smaller property. We will not normally do this if you were the partner of the person who died.

If you succeed to a property that has been specially adapted for a disabled person, and you do not need the adaptations, we will ask you to move to an alternative property to allow someone else with a disability to utilise the adaptations.

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Your Right To Apply For A Transfer, Or Swap Your Home With Someone Else

Transfers

If your circumstances change, you can request a transfer by applying to Cardiff Council’s Common Waiting List. When applying to the Common Waiting List you may be offered a transfer from the Council or any of the housing associations in Cardiff. If you would prefer to only be re-housed by Taff Housing Association, please state this on your application form.

If you currently hold an Assured Shorthold tenancy agreement, you will not be able to apply for a transfer until you become an Assured tenant after 12 months.

All applications to transfer will be considered, however, priority will be given to those in greater need. Greater priority may be awarded in the following situations:

• Your current home is overcrowded.

• Your current home is under-occupied.

• Where there are health or social problems that can be helped by moving to alternative accommodation.

• You need to live in a particular area, for support or care from relatives, or you need to be near specialist services such as a hospital.

• You or a member of your household is being harassed and you would benefit from moving.

All applications will be accepted, however, if you have rent arrears you will have to clear all the outstanding balance before you will be offered a transfer.

If your current property is in a poor condition, you will have to bring the property up to standard before you can transfer to another property. If you transfer and leave your property in a poor condition, we will bring the property up to standard and recharge you.

If you require any help completing the application form, please call into reception where we will be happy to assist you. If you are unable to get to our office, please call your Housing Officer on 029 2025 9100 who will be happy to visit you at home to assist you.

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Exchanges

If you swap your home and tenancy with someone else, this is called an exchange. You are responsible for finding some one to exchange with, however we do keep a register of people looking for exchanges in Cardiff. Please ask our Receptionist if you would like to have a look at it.

Can anyone Exchange?

If you have an Assured or Secure tenancy with Taff Housing Association, then you have the right to exchange with another tenant from any other housing association or the local authority.

How do I apply to Exchange?

Each housing organisation in Cardiff holds a copy of the Cardiff Exchange list. This list is updated by Cardiff Council every month and contains a list of all the people across Cardiff who are looking for an exchange.

Look through the list and contact the person you would like to exchange properties with. If you would like to go ahead with the exchange, contact your Housing Officer and complete an application.

If you exchange, you agree to take on the property in the condition you see it. The Association is not responsible for any re-decoration or damage caused by the previous tenant or their family.

Are there any reasons why I may not be allowed to exchange?

Taff Housing Association will agree to a request for an exchange unless:

• Any type of legal proceedings have been commenced against you.

• Your home is too large or too small for the household you wish to exchange with.

• Your home has been specially adapted or designed to suit a person with disabilities and the person you wish to exchange with does not have a need for such adaptations.

• Your home is designated as ‘older person accommodation’ and the person you wish to exchange with is not elderly.

• You are in arrears or owe any other debt to the Association.

• You have an Assured Shorthold tenancy.

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Your Right To Have Lodgers Or Sub-Let Your HomeYou have these rights if you are a Secure or Assured tenant. You do not have these rights if you are an Assured Shorthold tenant.

Lodgers

You can take in lodgers at your home, provided this does not cause your property to become overcrowded. A lodger will normally share rooms and facilities with you, like a family member. You must always seek permission from the Association before taking in a lodger, but we would only withhold permission if there was a good reason. Please note that any income you receive from taking in a lodger must be declared, and may affect your Housing Benefit or other benefits. If you move out, your lodger must also leave the property.

Sub-letting

You have the right to sub-let part of your home, provided that this does not cause your property to become overcrowded. A sub-let tenant is different from a lodger because they will have exclusive rights to live in certain rooms or part of your home. They will normally live independently from you. You must always seek permission from the Association before sub-letting your home, but we would only withhold permission if there was a good reason.

Please note that any income you receive from sub-letting part of your home must be declared, and may affect your Housing Benefit or other benefits. If you move out, your sub-tenant must also leave the property.

You can only sub-let part of your home. If you sub-let the whole of your home, you will lose your security of tenure and we will re-possess your home.

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Your Right To Make Improvements To Your PropertyYou have this right if you are a Secure or Assured tenant. You do not have this right if you are an Assured Shorthold tenant.

You can carry out improvements to your home provided that you get written permission from the Association for the work to take place. We will only refuse permission if there is a good reason, for example, if the proposed work would affect the safety, value or size of the building. For some alterations you will need planning permission and building regulation approval. You are responsible for checking whether these are needed and getting the necessary approvals before commencing work.

We will inspect the work when it is completed. If it is not satisfactory, we may ask you to carry out additional work. This will be at your own cost.

When you leave your home, you may be entitled to compensation for any improvements that you have made. This applies to certain types of improvement and is subject to certain conditions. The amount of compensation will relate to the condition and expected lifespan of the improvement. For more information, please contact the Head of Property Services on 029 2025 9100, or ask for a copy of our Compensation Policy.

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Your Right To Repair You have the right to get repairs done on time. Please see the section on ‘Repairs and Maintenance’ for more information on our repairs timescales. If we do not carry out a repair on time, you may be able to get the repair done yourself and ask us to pay the cost. To do this, you need to follow the rules under our ‘Right to Repair Scheme’. For more information on this scheme, please contact your Building Surveyor on 029 2025 9100. You may also have the right to claim compensation for repairs that are not done on time. Please ask to see a copy of our Compensation Policy.

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Your Right To Purchase Your Home

The Right to Acquire

If you have a Secure or Assured tenancy and you live in a property built after 1st April 1997, developed using Social Housing Grant, you may have the right to acquire that property. The maximum discount on the market value of your property is £16,000 (as at April 2004). To qualify for the right to acquire you must:

• Be an Assured or Secure tenant.

• Have lived in a housing association, council or other public sector property for a minimum of 2 years.

If you would like more information on the right to acquire, please contact our Finance Team on 029 2025 9100.

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What We Can Do If Your Relationship Breaks Down If you are married or living with a partner and your relationship breaks down, you may need advice on your tenancy and other personal and legal matters. The law on relationship breakdown is complex, so you are likely to need legal advice. Telephone numbers for advice agencies and legal services are provided in the ‘Useful Contacts’ section.

You should also contact your Housing Officer to get advice on what this might mean for your tenancy.

We do try and deal sympathetically and promptly with tenancy matters after a relationship breakdown, in order to avoid further distress.

We always try to act objectively and impartially between partners.

The advice and assistance we can give will depend on whether you have a sole or joint tenancy. Please read the section on ‘Joint Tenancies’ for more information about this.

Where we can, we will give advice and assistance in finding alternative accommodation for a partner who needs to leave the property.

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What We Can Do If You Are Suffering From Domestic ViolenceIf you are suffering from domestic violence or there is a serious threat of violence from someone living in your home, you may need advice on your tenancy and other personal and legal matters. Telephone numbers for advice agencies and legal services are listed in the ‘Useful Contacts’ section. You should also contact your Housing Officer, who will be able to give you advice and assistance. The advice we can give you will depend upon whether you have a sole or joint tenancy. Please see the section on ‘Joint Tenancies’ for more information about this.

If you need to move home due to domestic violence, we can assist you with making an application to the Common Waiting List where you may be given priority status. If you are unable to return home due to domestic violence, Cardiff Council will be able to provide you with details about refuges and hostels suitable for your circumstances.

If you wish to stay in your home, you can get advice and support from Women’s Aid, the Women’s Safety Unit and your Housing Officer about how to make your home safer. We may also be able to assist by taking legal action, such as an Injunction, against the person who is abusing you.

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What We Can Do If You Are Suffering From Racial Or Other Harassment Harassment is a criminal offence. It is the deliberate interference with the peace, comfort or safety of any person on the grounds of race, ethnic origin, religion, sex, sexual orientation or disability. It includes graffiti, damage to property, abuse, threats and physical attacks.

The Association has developed a comprehensive policy to deal with incidents of harassment. If you are a victim of harassment, please contact your Housing Officer immediately. We will treat any complaints of harassment with care and sensitivity, and in full confidence. We will take action against any offending tenant. You should also report the harassment to the police, and we will work closely with them to resolve the problem. You can also receive support and advice from the Equality & Human Rights Commission or Race Equality First.

If you want to move home because of harassment, we will treat you as a priority, and will do our best to move you as quickly as possible. This might include transferring you to one of our other properties, or asking another housing association to give you a property.

Useful Contact Numbers

Citizens Advice Bureau Tel no: 0870 126 4028

Equality & Human Rights Commission (Wales) Tel no: 0845 604 8810

Police Minorities Support Unit Tel no: 029 2052 7234

Race Equality First Tel no: 029 2022 4097

Somali Advice Centre Tel no: 029 2049 9916