Starter tenancies
All new customers are given an assured shorthold tenancy, known as a ‘starter tenancy’ (unless you move into sheltered accommodation, when we give you an assured tenancy). Starter tenancies last a year, during which you must show that you can keep to your tenancy conditions. We hope your tenancy runs smoothly and that you enjoy your home and its surroundings.
However, if there are any continued problems (for example continual rent arrears or persistent neighbour nuisance) we will take action to end your tenancy under the Housing Acts. So, if you have any concerns about your tenancy during your first year, please contact us.
Assured tenancy
If you have kept to the tenancy conditions during your year as a starter tenant, you will become an assured tenant (unless it says otherwise on your tenancy agreement).
You will then have an assured tenancy, which gives you a number of legal rights. The most important of these is that a Court will have to decide that it is reasonable to make an Order for you to leave your home.
Assured tenancies also apply to those transferring from a local authority or housing association who have completed a 12 month tenancy, and to tenants living in sheltered accommodation.
Joint tenancies
If one tenant dies the other remains the tenant. However, if your relationship breaks down, you should decide between yourselves who will keep the tenancy and who will leave. If you cannot agree, you should get advice from your neighbourhood team and, if necessary, see a solicitor. If children are involved, the tenancy will normally be taken over by the joint tenant who the children will live with for most of the time.
For more information about your tenancy types contact your Neighbourhood Officer on 01782 635200.
Taking over the tenancy
If the tenant dies, the following people are entitled to take over (succeed) the tenancy:
- a joint tenant
- a husband, wife or partner (including same sex) who was living in the property when the tenant died
- a close member of the tenant’s family, if they have lived with the tenant continuously for 12 months before the tenant died and if the property is their only or main home.
You may not necessarily be entitled to stay in the same property if we believe the property is no longer suitable (for example, if there is just one person living in a two-bedroom home). In these cases, we will offer you another property.
Automatic succession
There is only one ‘right’ of succession to a property. If a tenant who took over the tenancy dies, other family members living in the property do not have an automatic right to take over. In these cases, we will consider any application from a family member to stay in the property. We will take account of all relevant details, including housing need, the size of the property, and each applicant’s personal circumstances.
If you took over your tenancy with Newcastle Borough Council before the transfer (31st January 2000), we will ignore this and you will have one more right of succession.
