Tenancy Agreement ( abridged )
Introduction
This is a generalised and abridged version of the Argyle Street Housing Co-operative tenancy agreement for shared housing. It is shortened in order to focus specifically on the particular obligations of the co-op and of individual co-op members, as well as the rights of members contained within the agreement. It also includes the section in the agreement on the member's right to make a complaint.
Members should consult their own personal tenancy agreements for reference to the disincluded items; sections 1, 2, 3 and 7.
The complete Tenancy Agreement is also reprinted in full on our wiki
The co-operative's obligations
The Co-operative agrees:
- Possession: To give the Tenant possession of the Premises at the commencement of the tenancy.
- Tenant’s right to occupy: Not to interfere with the Tenant’s right peacefully to occupy the Premises except where:
- Access is required to inspect the condition of the Premises or to carry out repairs or other works to the premises or adjoining premises; or
- The Co-operative is entitled to possession at the end of the tenancy.
- Repair of Structure and Exterior: To keep in good repair, the structure and exterior of the Premises including:
- drains gutters and external pipes;
- the roof;
- outside walls, outside doors, windowsills, window catches, sash cords and window frames including necessary external painting and decoration;
- internal walls, floors and ceilings, doors and door frames, door hinges and skirting boards but not including internal painting and decoration;
- pathways, steps or other means of access;
- plaster work (excluding minor repairs which would normally be dealt with during internal redecoration);
- boundary walls and fences erected by the Co-operative;
- broken window glass, but only where it can clearly be shown not to have been broken by the Tenant or by visitors to the Premises.
- Repair of installations: To keep in good repair and proper working order any installations provided by the Co-operative for space heating, fire fighting equipment, water heating and sanitation and for the supply of water, gas and electricity, including:
- basins, sinks , baths, toilets, flushing systems and waste pipes;
- electric wiring including sockets and switches, gas pipes and water pipes;
- water heaters and central heating systems.
- Repair of common parts: To take reasonable care to keep the Common Areas and all other entrances, halls, stairways, passageways and any other common parts, including their electric lighting, but not the replacement of light bulbs, in good repair and fit for use by the Tenant and other occupiers and visitors to the Property.
- Maintenance of the estate: To take reasonable care to maintain the members’ meeting room and those areas of the estate, such as the grounds, car park and footpath areas, which are not maintained by the local authority.
- External and internal decoration: To keep the exterior of the Property and the interior of the Common Areas in a good state of decoration and to re-decorate these areas as deemed necessary by the Co-operative.
- Improvements: Not to unreasonably withhold consent to any alterations or improvements which are of a non-structural nature to the Premises including external decoration and additions to or alterations in the Co-operative’s installations, fixtures and fittings, when a written application is made to the Co-operative.
- Housing Corporation’s housing management guidance: To provide the Tenant with information on its housing management policies as required by the guidelines issued by the Housing Corporation under the provisions of Section 36 of the Housing Act 1996.
- Insurance To keep the premises insured for its full reinstatement value against loss or damage by fire or other risks as the Co-operative thinks necessary (excluding any provision for the insurance of the Tenant’s household goods or personal effects for which the Tenant must make such provision as they think fit).
The tenant's obligations
It is agreed that:
- Possession: To take possession of the Premises at the commencement of the Tenancy and not to part with possession of the Premises or sub let the whole of it.
- To pay the Rent and other charges weekly and in advance each Monday.
- Other charges: Where applicable, to pay all Council Tax charges (or other local authority tax) and other outgoings applying to the Premises which are not included in the service charge, e.g. phone, TV licence.
- Use of premises: To use the Premises for residential purposes as the Tenant’s only or principal home and not to operate a business at the Premises without the written consent of the Co-operative.
- Nuisance: Not to cause or allow invited visitors to cause a nuisance or annoyance to other persons in the neighbourhood or to any tenant, agent, employee or contractor of the Co-operative.
- Racial and other harassment: Not to commit or allow invited visitors to commit any form of harassment, intimidation or violence (including domestic violence) on the grounds of race, colour, religion, sex, sexual orientation or disability or for any other reason which may interfere with the peace and comfort of, or cause offence to any other tenant or member of another tenant’s household, visitors or neighbours, employees or agents of the Co-operative.
- Noise: Not to play or allow to be played any radio, television, record or tape recording or musical instrument in such a manner:
- as to cause a nuisance or annoyance to anyone or
- which can be heard outside the property between the hours of 11pm and 7.30am (8am on Saturdays and Sundays).
- Responsibilities with other tenants The Tenant shall be jointly and individually responsible with other tenants of the Property for:
- Cleaning the Common Areas, fixtures and fittings, furniture and windows of the Property and paying for the cost of cleaning materials;
- Keeping fixtures, fittings and furniture in good order and not allowing them or any part of them to be removed from the Property;
- Keeping exits, passageways, landings, staircases and other Common Areas free from personal property and any obstructions and to leave all Common Areas fit for use by other occupiers. Items can be left in living areas with the unanimous consent of other tenants.
- Internal decoration: To keep the interior of the Premises in good and clean condition and decorate to all internal parts of the Premises as frequently as is necessary to keep them in good decorative order.
- Damage: To make good any damage to the Premises or to the Common Areas or the Co-operative’s fixtures and fittings caused wilfully or by neglect or carelessness by the Tenant or any visitor to the Premises including broken glass in windows and the repair or replacement of any damaged fittings and installations. If the Tenant fails to make good damage the Co-operative may enter the Premises and carry out the work, the cost being recoverable from the Tenant.
- Alterations to the Premises: Not to make any structural alterations to the Premises and not to make any alterations, additions or improvements to the Property (including the erection of aerials and satellite dishes) without the written consent of the Co-operative which shall not be unreasonably withheld and to observe reasonable regulations and directions given by the Co-operative as a condition of consent being granted.
- Washing machines and other domestic appliances To ensure that plumbed in appliances are installed by skilled and competent workers and to bear the full cost of installation and any making good to the Property. The Tenant will be liable for all damage caused by leaking or overflowing appliances and for the cost of leaving any drains blocked as a consequence of the appliance being used.
- Reporting disrepair: To report to the Co-operative any disrepair or defect for which the Co-operative is responsible in the structure or exterior of the Premises or in any installation in the Property or in the Common Areas.
- Access: To allow the Co-operative’s members, employees or contractors, acting on the behalf of the Co-operative, access at all reasonable hours to inspect the condition of the Premises to carry out repairs or other works. The Co-operative will normally give at least 24 hours notice but immediate access may be required in an emergency.
- Inflammable materials: Not to store in the Premises any inflammable material or goods other than may be reasonably required for domestic use.
- Heaters: Not to use Calor gas heaters or paraffin heaters on the Premises because of the risks of fire and condensation.
- Fire prevention: To comply with fire prevention regulations and policies and not do anything that shall invalidate the Co-operative’s fire insurance policies.
- Parking:
- To park only private cars and motor cycles on the designated parking areas.
- Not to park vehicles not in regular use nor to allow any other person to park vehicles in return for payment.
- Not to block local roadways and other vehicular access and to keep car parking spaces clear of un-roadworthy and untaxed vehicles and other obstructions.
- The Tenant must obtain the written consent of the Co-operative before parking any heavy goods, public service, trade or commercial vehicles, caravan boat or similar item on land belonging to the Co-operative.
- To observe reasonable regulations and directions given by the Co-operative governing the parking of vehicles.
- Gardens:
- To take joint responsibility with other tenants in the Property for keeping the garden areas immediately in front of and behind their Property in a tidy and well cultivated condition and to allow other tenants to carry out work to these garden areas.
- Not to leave any rubbish or unwanted items or allow dogs in the communal gardens.
- Not to erect any structure in the gardens without getting written consent from the Co-operative beforehand.
- Pets:
- Not to keep any pets on the Premises nor to allow any guest to keep a pet in the Premises without the prior written consent of the Co-operative.
- If permission is granted the Tenant shall keep any such permitted animal under control at all times and not to permit any animal to foul anywhere on the Estate.
- Overcrowding: Not to allow the Premises to become overcrowded by allowing more than one person to reside in the Room.
- Assignment: Not to assign the Tenancy except with the written consent of the Co-operative when exercising the right to exchange set out in section 6.3 below.
- Lodgers and subletting: Not to take in any lodger nor sublet any part of the Premises.
- Ending the tenancy: To give the Co-operative at least 28 days in notice, in writing, such notice to end on a Sunday, when the Tenant wishes to end the tenancy.
- Moving out: Upon the tenancy ending for whatever reason the Tenant shall give the Co-operative vacant possession and:
- leave the Premises and the Co-operative’s fixtures and fittings in good lettable condition and repair
- return all keys to the Premises to the Co-operative’s office, replacing any that are lost
- remove all personal possessions and rubbish.
The Co-operative accepts no responsibility for anything left at the Premises by the Tenant at the end of the tenancy. If the Tenant does not remove such items from the Premises within two weeks of the end of the tenancy, the Co-operative shall be entitled to sell such items and place the net proceeds of sale in a bank account. If the Tenant does not claim the net proceeds of sale within 12 months of the end of the tenancy the Co-operative may use the proceeds of sale in accordance with its objects. Costs To be liable to pay the Co-operative for any money the Co-operative has to spend as a result of any breach by the Tenant of any part of this Agreement. Any money due under this clause shall be a rent due to the Co-operative even if the Tenancy granted by this Agreement has ended.
- Misleading information: Not to knowingly or recklessly provide false or misleading information or to make false statement in order to obtain the Tenancy.
The tenant's rights
The tenant has the following rights:
- Right to occupy To occupy the Premises without interruption or interference from the Co-operative for the duration of this tenancy (except for the obligation contained in this agreement to give access to the Co-operative’s employees or contractors) so long as the Tenant complies with the terms of this Agreement and has proper respect for the rights of other Tenants and neighbours.
- Occupation: The Tenant may occupy the Premises only as his/her only or principal home The Co-operative will only end this tenancy by serving a Notice to Quit on one of the grounds set out in Part 7 of this agreement.
- Right to exchange: The Tenant may exchange this Tenancy by assignment with that of another tenant of a registered housing co-operative, housing association or secure tenant, subject to the prior written consent of the Co-operative provided that:
- The tenant with whom the Tenant wishes to exchange is willing to accept membership of the Co-operative and to abide by the terms of this tenancy.
- The exchange conforms to the policy and rules for exchanges agreed from time to time by the Co-operative.
- Right to make improvements The Tenant may make improvements, alterations and additions to the property (including external decoration) and may make additions to, or alterations in, the Co-operative’s installations, fixtures and fittings, provided that the Tenant has first obtained the written consent of the Co-operative and all other necessary approvals, (for example planning permission or building regulations approval). The Co-operative will not unreasonably withhold its consent to a request to make improvements but may make it conditional upon the work being carried out to a specified standard. Failure to comply with the Co-operative’s conditions may be treated as a breach of the Tenant’s obligations under this tenancy.
- Right to repair The Co-operative shall establish a scheme providing the Tenant with a remedy if the Co-operative fails to carry out its obligations to repair. The scheme shall operate in accordance with the requirements of the Housing Corporation as laid down from time to time. The Co-operative shall provide details of the scheme at the beginning of the Tenancy and inform the Tenant of any changes.
- Right to consultation The Co-operative will consult the Tenant before making changes in matters of housing management or maintenance which are likely to have a substantial effect on the Tenant.
- Right to information The Tenant has the right to information from the Co-operative about the terms of this tenancy and about the Co-operative’s repairing obligations and its policies and procedures on repairs, housing allocation and transfers. The Tenant also has the right to information about the Co-operative’s meetings and democratic decision making procedures.
Complaints
If the Tenant feels that the Co-operative has broken this agreement or not performed any obligation contained in it, he or she should first complain to the Co-operative in writing. If the Co-operative fails to deal with the complaint or, in the Tenant’s view, continues not to comply with the agreement the Tenant can raise the matter at a General Meeting of the Co-operative. If the Tenant is still not satisfied after the complaints procedure has been exhausted, the Tenant can refer the matter to the Independent Housing Ombudsman Service and/or obtain advice and information about his or her remedies at law from the local Citizens’ Advice Bureau or Law Centre or from a solicitor.