We will give you possession of the Premises at the start of the tenancy.

We will keep the structure, exterior and the Premises in good repair, including:

• The roof;
• Drains, gutters and external pipes;
• Outside walls, outside doors and windows, including sills, catches, sash cords, frames and glass, together with external painting and decoration where required;
• Internal walls, skirting boards, doors and door frames, hinges, door jambs, thresholds, floors and ceilings (excluding internal painting and decoration), plasterwork;
• Flues, chimneys and chimney stacks (excluding chimney sweeping);
• Fences, pathways, boundary walls, steps, ramps and other means of access, garages and outbuildings.

We will keep in good repair and proper working order (to the standards prescribed by law or recommended practice) and any installations provided or maintained or adopted by us for space heating, water heating, and sanitation and for the supply of water, gas and electricity including:

• water pipes and tanks, gas pipes and electrical wiring;
• electrical sockets and switches, smoke detectors (where fitted) and light fittings (but not plugs or appliances which are not ours);
• basins, sinks, baths, toilets, flushing systems and waste pipes;
• water heaters, boilers, fireplaces, fitted fires and radiators and other central heating installations (but not those we have not installed.)

We will keep all communal areas and equipment in good repair and fit for use by you and other occupiers and visitors to the Premises including:

• common entrances, halls and passageways;
• stairways and lifts;
• rubbish chutes;
• lighting.

We will keep the exterior of the Premises and any common parts in a reasonable state of redecoration and will re-decorate these areas as often as is necessary.

We will carry out all repairs within such reasonable timescales as we determine from time to time in consultation with the tenant affected. This includes the out of hour’s emergency repairs service.

We are not responsible for any repair or replacement needed because of damage to or neglect of the Premises caused by you, anyone living with your or visitors (examples are broken glazing, lock changes but this list is not exhaustive). We will charge you for the cost of any work required because of such damage or neglect. The reclaiming of the cost of the damage will be considered with reference to the circumstances of the incident.

You have a right to information from us about the terms of this Tenancy and about our repairing obligations as well as our policies and procedures on tenant consultation, housing allocations and transfers, equal opportunities and our principles for setting rents. We will issue you with an annual report which sets out our aims, objectives and achievements.

We will comply with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018. Aspire Housing is the Data Controller, as defined by the Act.

Under the GDPR you have the right to access the personal data we hold about you. In certain circumstances you also have the right to object and restrict the use of your information.

For more information you can read our full privacy notice by clicking the below link:

Our Privacy Notice

We will allow you reasonable access to all other personal information held about you or members of your family (provided that this right shall not apply to information provided to us in confidence by third parties) and allow us to correct or record your disagreement with the information held by us.

We will provide the Services (if any) listed in the start of this tenancy agreement. We may (following consultation with all the tenants affected) increase, add to, remove, reduce or vary any of the Services. You will pay for these Services through the Rent.

You agree that we may serve notices (including of legal proceedings) on you either personally or by posting them to you (by registered post), leaving them at, or inserting them through the letterbox of, the Premises or (if different) your last known address.

We will insure the Premises and any energy efficiency equipment for such a sum against such risks, as we (acting reasonably) believe appropriate. You are responsible for insuring your furniture and personal possessions and also any other items for which you have responsibility (e.g.; insurance against accidental damage or for re-glazing).

Where this tenancy agreement states that our consent is required, we will not unreasonably refuse to give it. In some circumstances our consent may be given subject to reasonable conditions.

We will not discriminate against you on any grounds and will adopt such best practice guidelines as is issued by the Homes and Communities Agency from time to time.

If you do not feel that you have been treated fairly by us, you can complain using the procedure set out at the end of this tenancy agreement.

Reserved rights

We retain the following rights over the Premises for the benefit of us or any third party authorised by us:

• The right to install, keep, maintain, inspect, take meter readings of (including by way of remote monitoring), collect data from, repair, alter, replace, upgrade, clean and remove any energy efficiency equipment in and on the Premises (including the right to attach the energy efficiency equipment to the Premises and remove any part or the whole of the energy efficiency equipment from the Premises).
• The right to change the position or location of any part of the energy efficiency equipment in or on the Premises.
• The right to use all means of reasonable access to and through the Premises and any building of which the Premises is part of, for access to and from the energy efficiency equipment so that we or any third party authorised by us can exercise the rights set out in this clause.
• The right to connect into, use and alter the existing electrical cabling, installations and other service media within the Premises in connection with the use of the energy efficiency equipment for the generation of electricity via the energy efficiency equipment, including exporting electricity to the grid, and the passage or transmission of utilities to and from the energy efficiency equipment and the Premises.
• The right to support and protection for the energy efficiency equipment from the Premises and any building of which the Premises are part of.

A.1 – Rent

The Rent (which includes where applicable Service Charges) must be paid in advance every Monday. We will consult with you if we wish to change the way in which payment is required to be made.

A.2 – Setting Your Rent

We will vary your Rent (inclusive of service charges where applicable) on the first Monday in April in line with Government’s guidance. We will give you advance notice of the alteration, and notify you by email where we have your email address, a secure online account, or by post.

After the first Rent alterations we may (in accordance with Sections 13 and 14 Housing Act 1988) change your Rent if we give you at least one month’s notice in writing of the change. The notice will set out the new rent proposed. The Rent shall not be changed earlier than 52 weeks of the last change. You must then pay the full amount shown.

If your rent has been increased you can ask for a Rent Assessment Review; details of how this can be done will be included with the Rent Notification.

A.3 – Rent Increases and Optional Improvements

If, with your consent, we carry out any optional improvement works to the Premises we may increase the Rent for the period following the completion of such improvements up to the next 31st March.

We will agree with you the amount of rent increase (if any) which will be due from you when the improvements are completed before carrying out such optional improvements. This increase is in addition to any variation under Clause A.2 above.

A.4 – Housing Benefit

We will provide you with advice and assistance in relation to Housing Benefit claims. You agree that this tenancy agreement constitutes your consent to the relevant authority for the payment direct to us of any Housing Benefit which you may claim as part or whole payment of the Rent and (if applicable) Service Charges due to us.

You may withdraw your consent by sending us written notice and upon receipt we shall advise the Council to pay your Housing Benefit direct to you. The amount of such benefit will be credited to your Rent Account when it is received by us.

If your circumstances change so that your entitlement to Housing Benefit is affected you must immediately inform the Council and us. Any overpayment which is lawfully recoverable may be reclaimed by us from you.

A.5 – Arrears and Advance Payments

Arrears and rent payments are due under this Agreement on Monday, each week; payments not received by the following Friday are deemed to be arrears under this Agreement.

Advance payments – any payments made above the weekly rent amount or in advance of the due date will be credited to the rent account and will be deemed to be an Advance Payment.

A.6 – Utility and Local Taxes

You must pay all Utility Charges, Council tax or any other local taxes properly payable by you and indemnify us against any liability arising from your failure to do so.

B.1 – Possession

You must take possession of the Premises at the start of the tenancy and not part with possession or sublet the whole of the Premises.

If we reasonably require you to move into alternative accommodation, you agree to move into that alternative accommodation. Examples of where we may require you to move into alternative accommodation include (but are not limited to):

• If we need to carry out repairs to the Premises, and it is not safe for you to keep living in the Premises;
• If we need to demolish the Premises; and
• If the Premises is damaged by flooding.

B.2 – Use of Premises

You (or if you are a joint tenant, at least one of you) must occupy and use the Premises for purposes as your only or principal home and notify us in advance of any period where the Premises will be unoccupied for more than 28 consecutive days. Failure to do this may result in possible forced entry to enter your home because of an emergency (this will result in a recharge) and in serious circumstances, the loss of your home.

You must not use the Premises for immoral or illegal purposes.

You must not operate a business at the Premises without our prior written consent and any planning permission that may be required from the Council.

You must not affix to or exhibit on the Premises any tradeplate or advertisement without our prior written consent.

You must use any communal facilities with due regard for the convenience and safety of others and in particular you must not interfere with the security of the Premises.

Example(s) of Breaches): but not an exhaustive list

• Jamming communal doors open
• Letting in strangers without identification
• Any obstruction which would cause a fire hazard – e.g. personal belongings being stored in the communal area, (mats, bicycles, pushchairs/prams, furniture, curtains, planters, recycling – not an exhaustive list of items)

C.1 – Harassment

You, members of your household and visitors to the Premises and any persons admitted to the Premises by anyone who has authority to live there must not harass any other person residing in, visiting or otherwise engaged in lawful activity, in the estate or in the neighbourhood. You will be held responsible for the behaviour of every person (including children) living in or visiting the Premises, inside the Premises, in any communal areas and on the estate or in the neighbourhood.

Note: Harassment includes

• Using threats or violent action against another person for any reason, including their age, appearance, religion, race, sexual orientation, gender, sex and mental or physical capacity
• Violence
• Using abusive or insulting words or behaviour
• Damaging or threatening to damage another person’s home
• Writing or threatening to write abusive or insulting graffiti
• Doing anything else which interferes with the peace, comfort, state of mind or convenience of another person.

D.1 Nuisance, Annoyance and Disturbance

You, members of your household and visitors to the Premises and any persons admitted to the Premises by anyone who has authority to live there must not cause a nuisance or annoyance or disturbance or act in such a way that is likely to cause nuisance or annoyance or disturbance to other residents, their guests or visitors or any person engaged in lawful activity, on the estate or in the neighbourhood.

You will be responsible for the behaviour of every person (including children) living in or visiting (with your consent) the Premises, inside the Premises, in any communal areas and on the estate or in the neighbourhood.

Example(s) of Breach(es) (but not an exhaustive list)

Nuisance, annoyance and disturbance may be caused by activities such as:

• Excessive noise;
• Offensive language and behaviour;
• Shouting;
• Banging doors;
• Barking dogs, failing to control dogs or other pets;
• Offensive drunkenness;
• Dumping rubbish;
• Vandalising property;
• Misusing common parts or communal facilities.

D.2 Floor Covering

You must (install and) maintain all floors in the property which are situated above another flat with appropriate floor covering such as carpet and underlay in sitting rooms, bedrooms, hallways and on stairs; and linoleum in kitchens, bathrooms and WC’s, unless we provide you with written consent to do otherwise.

In most situations, we do not consider wooden flooring, laminate or any other type of dense hard flooring to be appropriate floor covering.

E.1 Domestic Violence

You and or members of your household must not permit, incite or cause any type of violence or threat of violence anywhere against any other person living with you or make anyone who lives with you leave the home because of domestic violence.

Domestic Violence Includes: but not an exhaustive list

• any violence between former or current partners in an intimate relationship, wherever and whenever it occurs. The violence or threats of violence may include physical, sexual, emotional, psychological or financial abuse.
• using threats of violence against another person within the household;
• using abusive or insulting words or behaviour;
• doing anything which interferes with the peace, comfort, state of mind or convenience of another person.

F.1 Controlled Drugs

You and or members of your household and visitors to the Premises must not produce, or supply or possess, or allow the production or supply or possession of any controlled drug or other controlled substance in or from the Premises or in any communal area or on the estate or in the neighbourhood, to any other person.

You will be held responsible for the behaviour of every person (including children) living in or visiting the Premises, inside the Premises, or in any communal areas and on the estate or in the neighbourhood.

F.2 Use of Premises

You must not use the Premises for any act preparatory to, or connected with the possession or supply of any controlled drug or any other controlled substance including so called “legal highs”.

Example(s) of Breach(es) (but not an exhaustive list)

• Supplying, possessing or producing a controlled drug, including so called “legal highs” for your own use, or friends, relatives, visitors or to anyone else, in or from the Premises, or any communal area or on the estate or in the neighbourhood.
• Preparing controlled drugs including so called “legal highs” for supplying to another or taking order for the supply of controlled drugs.

G.1 Illegal or Immoral Use

You, members of your household and visitors to the Premises must not use the Premises or any communal area on the estate or in the neighbourhood for in connection with any illegal or immoral purpose whatsoever.

G.2 Trespass or Damage

You, members of your household and or visitors to the Premises must not trespass on or cause damage to any property belonging to us or on the estate or in the neighbourhood.

G.3 Responsibility for Behaviour

You will be held responsible for the behaviour of persons (including children) living in or visiting (with your consent) the premises or any other communal areas, the estate or the neighbourhood.

Example(s) of Breach(es) (but not an exhaustive list)

• Allowing storage of stolen or illegal goods in your home.
• Allowing controlled drug taking including so called “legal highs” in your home.
• Allowing your home to be used as a brothel.

G.4 Gang Membership

You or anyone living with you must not become a member of a gang or allow a member of a gang to visit the property.

When we refer to a gang, we mean the definition applied by the Police Authority as amended from time to time which is ‘a group of individuals involved in persistent criminality for some form of personal gain (this includes profit and/or gain or to demonstrate status) which is causing significant harm to the community and/or is of concern.

The Association of Chief Police Officers say that ‘significant’ harm can have one or more of the following characteristics: significant profit or loss: significant impact upon community safety: serious violence: corruption: exercise of control”.

H.1 Damage and Repairs

You must repair or replace, to a satisfactory standard any part of the Premises or any other item (but not any energy efficiency equipment) damaged through your deliberate action, neglect or carelessness or that of a member of your household, visitors or any other person(s) whether malicious or not (this includes broken glazing/ broken locks).

If you fail to carry out such work we may do so and charge you the cost including administrative costs.

H.2 Energy Efficiency Equipment – Damage

You, members of your household and visitors to the premises must not cause any damage to the energy efficiency equipment.

H.3 Third-Party Damage

If any damage is caused to the Premises or any energy efficiency equipment by a third party or someone not living at your home, you must report this to us and to the Police.

H.4 Repairs to Energy Efficiency Equipment

You must pay us the cost of any repairs to the energy efficiency equipment that are needed because you have damaged or neglected it, or failed to report the repair in accordance with Clause K3.

You must not undertake the repairs yourself.

H.5 Loss of Energy Payments

Any damage or neglect which results in damage to any energy efficiency equipment which reduces the energy generation capabilities of that equipment may mean that you are liable to us for any loss in energy efficiency payments.

H.6 Access to the Premises

You must allow access to the Premises for inspection, management, maintenance or improvement reasons or so that we or someone authorised by us can exercise any of the reserved rights reserved in clause 1.16 in relation to the Premises or any energy efficiency equipment when at least 24 hours’ written notice has been given.

Additionally, we reserve the right for ourselves and our agents to force access in the event of an emergency without giving notice.

H.7 Interference with Equipment

You must not, and not allow anyone else living with or visiting you, to interfere with any energy efficiency equipment at the Premises, including switching off any energy efficiency equipment.

You must ensure that the electricity meter has a continuous and uninterrupted supply of electricity.

Example(s) of Breach(es)

(but not an exhaustive list)

• The removal of any of our fittings or the failure to replace our fittings which you have allowed to become damaged.
• Allowing the condition of the Premises to deteriorate for example because of infestation, failure to keep the Premises in a proper state of cleanliness, or allowing unacceptable accumulation of rubbish etc.
• Not allowing our Officers or agents or contractors access to the Premises in order to carry out works to the Premises or failing to inform us of any damage to the Premises.

I.1 Business or Commercial Use

You, members of your household and visitors to the Premises must not, without written prior consent, carry out any profession, business, commercial purpose, or trade, nor sell, hire or exhibit goods or advertisements from the Premises or from any common areas on the estate.

Example of Breach (but not an exhaustive list)

• Use the business for commercial purpose including repairing vehicles, selling items on a regular basis, either in person, by telephone or by post or storing items for business or commercial purposes on the premises.

J.1 Parking – Designated Areas

You, members of your household and visitors must only park cars in designated communal parking spaces (where these are provided) and with due care and consideration to other residents, road users and pedestrians.

J.2 Parking Restrictions

You, members of your household and visitors must not park any vehicle or trailer (including caravans) on the Premises, pavements, verges, open spaces or playgrounds unless prior written permission has been given to you from us and the Local Authority for a dropped kerb to be installed and permission granted to cross the footpath.

You, members of your household and visitors must not park any vehicle weighing over 3.5 tonnes or any trailer, caravan or motor home on any shared parking area.

J.3 Shared Parking Areas

You, members of your household and visitors must not park any vehicle or any trailer, caravan or motor home on any shared parking area or car park belonging to us.

J.4 Vehicles and Equipment Inside the Premises

You, members of your household and visitors must not take motorcycles (including moped and motor scooters) or car parts, such as wheels or engines, or oil or petrol into the living accommodation or communal area at any time.

You must not take inside or operate any type of industrial equipment within the dwelling at any time.

J.5 Motorised Mobility Scooters – Permission

If you or any members of your household use a motorised mobility scooter, then prior written permission must be obtained from us before moving into your home for its continued use.

If, after moving into your home you wish to purchase/hire a motorised mobility scooter, you must first seek permission.

J.6 Motorised Mobility Scooters – Responsibility

It is the responsibility of the owner /lessee of the motorised mobility scooter to ensure that, whilst driving and parking the vehicle that they do so with due care and attention to ensure that they do not present a Health and Safety Risk to any other resident, staff or lawful visitor to the premises.

Any repair relating to any damage to the fixtures and fittings caused by the negligent driving of the said vehicle will be re-charged to the owner/lessee.

J.7 Motorised Mobility Scooters – Storage

Motorised mobility scooters must be stored in the owner’s/lessee’s property and not be stored in communal areas of the building unless there is a designated area on the Scheme for that purpose.

Fire Safety Regulations state that motorised mobility scooters should not be stored in areas not specifically designed for that purpose, as they present an obstruction hazard on escape routes, corridors and staircases.

J.8 Motorised Mobility Scooters – Charging

Motorised mobility scooters can only be charged in your property, unless there is a designated area for that purpose.

Charging of the battery must only be undertaken in accordance with the manufacturer’s instructions.

J.9 Chimneys and Flues

You must ensure the chimneys and flues are swept as often as is necessary and in any event at least once per year.

J.10 Rubbish and Recycling

That all rubbish is stored properly in a suitable place, proper use is made of the recycling facility and be made available for collection at appropriate times.

J.11 Dangerous Items

That no dangerous items are left lying around the estate or neighbourhood by you, member of your household or visitors.

J.12 Drains and Sewers

You must take all reasonably practicable steps to ensure that drains and sewers are kept free from blockage and conform to sanitary standards.

J.13 Communal Areas – Cleanliness

In blocks of flats you, members of your household and/or visitors must not litter, deface, or soil the communal areas, such as stairs, landings and access balconies and these must be kept clean and free of litter at all times.

J.14 Fire Regulations

You, members of your household and visitors must comply with any fire regulations we make with regard to communal areas and community responsibilities, e.g. setting fires in gardens or open spaces owned by us.

Example(s) of Breach(es)

(but not an exhaustive list)

• Parking in the garden or driving over kerbs which have not been lowered, without prior written permission.
• Taking industrial cleaners, generators, paint strippers, petrol, oil or welding equipment into the dwelling.
• Leave rubbish or dangerous items such as bottled gas, paraffin or petrol in the garden forming part of the Premises or on land adjoining the Premises so as to pose a hazard to others.
• Allowing drains to become blocked.
• Keeping any items in the communal area likely to cause a risk.
• Misusing the door entry system.

K.1 Interior Condition and Decoration

You must keep the interior of the Premises in a good condition and use the fixtures responsibly.

You must decorate the Premises internally and keep the interior of the Premises, including its decoration and fixtures in a clean and well maintained condition (fair wear and tear excluded)

K.2 Your Own Fittings

You must ensure that your own fittings such as cookers meet current safety standards and are installed correctly.

K.3 Reporting Repairs

You must tell immediately about any repair in the Premises which it is our responsibility to maintain.

K.4 Right to Repair

You have the right to have repairs carried out to the Premises as if Section 96 of the Housing Act 1985 (as amended) and the Regulations made thereunder applied to this tenancy agreement.

Example(s) of Breach(es)

(but not an exhaustive list)

• Failure to keep your home clean and decorated to a reasonable standard.
• Failure to check or have checked on a regular basis the safety of your own fittings, such as the condition of their wiring.

L.1 – Maintenance of Gardens

You must keep any garden and all hedges and fences of the Premises in a well maintained, tidy and safe condition. Our prior written permission must be obtained prior to any tree, hedge, fence or wall being removed.

L.2 – Responsibility

You are responsible for the maintenance of any tree, hedge, fence or wall on the Premises.

L.3 – Use of Garden

You must use the garden for domestic or residential purposes only. You must not make excessive noise in the garden or allow excessive noise to be made by any member of your household (including children) or visitors, thereby causing or likely to cause a nuisance, annoyance or disturbance to other residents or those visiting the neighbourhood.

L.4 – Structures and Alterations

You must not erect any building, structure, driveway or paved area in your garden or in any communal area without our prior written consent.

L.5 – Parking in Gardens

You must not park a motor vehicle, caravan or similar item of transport on the garden unless a proper footpath crossing and garage or hard standing has been constructed. You must obtain all necessary written permissions before any construction work begins.

L.6 – Livestock

You must obtain prior written permission to keep any livestock in your garden, for example pigs, fowl or birds.

L.7 – Ponds

You must not install a pond in your garden without prior written permission being obtained.

M.1 – Sub-letting the Whole Premises

You must not sublet the whole of the Premises. This is also a criminal offence for which you may be prosecuted. If you sub-let the whole of the Premises you will cease to be an assured tenant.

M.2 – Lodgers

You may take in lodgers (subject to no overcrowding) provided you confirm the name and duration of occupation to us in advance. You must also inform the relevant agencies of the change of circumstances immediately.

M.3 – Sub-letting Part of the Premises

You may, with our prior written consent, sub-let part of the Premises provided the sub-tenancy is not an assured tenancy. You must confirm the name and duration of the occupation to us in advance and confirm which part of the Premises will be sub-let. You must also inform the Council of the change of circumstances immediately.

N.1 – Pets

Subject to N.2 below you are permitted to keep a maximum of two domestic pets. However, you must ensure that any pet is kept under proper control and is not a nuisance to neighbours or visitors.

N.2 – Animals in Flats

Please note that permission will not normally be given to keep any animal in flats. This decision is discretionary but should we receive substantiated complaints regarding the behaviour of your pet our permission may be withdrawn. The only exceptions to that rule are:

• Assistance dogs
• Ground floor flats that have an external but not a communal entrance

N.3 – Withdrawal of Consent

Withdrawal of our consent may occur if your animal or animals are being mistreated or classed as dangerous.

N.4 – Breeding and Sale

You must not breed any animal kept in the Premises or offer any animal for sale from the property under any circumstances.

Example(s) of Breach(es)

(but not an exhaustive list)

• Failure to control your dog which causes a nuisance in the neighbourhood.
• Keeping a dog or cat in a flat which is not on the ground floor without an external entrance.
• Keeping more than the permitted number of pets.

N.5 – Grazing or Tethering of Horses

You must not permit or allow the grazing or tethering of horses on any Aspire land. Failure to comply with this condition will result in legal action being taken against you and an order for your payment of the costs of taking such action.

O.1 – Threats, Intimidation and Violence

You, members of your household and visitors must not threaten, intimidate or carry out any violent act against any of our officers, involved customers acting on our behalf, Board Members or our agents (including contractors) in the Premises, in the neighbourhood or elsewhere, including any offices owned and/or managed by Aspire Housing.

Any breach of this clause may result in legal action being taken against you. Penalties for this action could include withdrawal of non-essential services, restriction of access to certain buildings or only contact by letter or telephone in the future.

Example of Breach

(but not an exhaustive list)

• Using abusive language when speaking to, or making physical contact with, any such persons.

P.1 – Notice to End the Tenancy

You must give us at least 4 weeks’ notice in writing ending on a Monday when you wish to end the Tenancy. However, this period may be waived or shortened at our discretion.

In the case of a joint tenancy, it may be brought to an end by either tenant giving at least 4 weeks’ notice in writing.

You must:

• Let us inspect the Premises and show it to prospective new tenants before the notice period ends;
• Pay the Rent for the full notice period, even if you move out before it ends;
• Give us a forwarding address.

P.2 – Acceptance of Surrender

We must accept your surrender before you can end the Tenancy.

P.3 – Vacant Possession and Keys

You must give us vacant possession and return all keys and fobs of the Premises before 12 noon on the Monday on which your Tenancy ends.

Q.1 – Right to occupy

You have the right to occupy the Premises without interruption or interference from us for the duration of the Tenancy (except for the obligation contained in this Agreement to give access to our authorised officers or agents) so long as you comply with the terms of this tenancy agreement and have proper respect for the rights of other tenants and neighbours.

Q.2 – Security of tenure

You have security of tenure as an assured tenant as long as you occupy the Premises as your only or principal home and do not sub-let the whole of the Premises.

If you stop living in the Premises as your only or principal home or sub-let the whole of the Premises, you will lose security of tenure and this tenancy will no longer be an assured tenancy. If this happens, we can give 4 weeks’ notice in writing to end the tenancy.

If, at the expiry of the notice, your Premises is unoccupied, we may issue possession proceedings and obtain a possession order and you will be liable for the costs of the issue of those proceedings.

We can only end the assured Tenancy by obtaining a court order for possession of the Premises on one of the grounds listed in Schedule 2 to the Housing Act 1988 (as amended).

We will not use grounds 1, 2, 3, 4, 5 or 6 of Schedule 2 to the Housing Act 1988 to take possession of the Premises.

The Court will not make an order unless we have served on you a notice in writing complying with the requirements of the Housing Act 1988 (as amended) or the Court considers it just and equitable to dispense with the service of such a notice.

You should be aware that some of the grounds that can be relied on are “mandatory” or “absolute” grounds for possession which means that the Court has to order possession if the ground is proved and cannot consider the reasonableness of making the order or make a suspended possession order. However, the Court can consider proportionality and Human Rights issues if raised.

Specifically, we may rely on Ground 7A as introduced by the Anti-Social Behaviour Crime and Policing Act 2014 which is an absolute ground for possession due to anti-social behaviour. This may include:

• Breach of a Closure Order
• Breach of a Criminal Behaviour Order
• Breach of a Noise Abatement Notice
• Breach of an Injunction

Or if you, a visitor or occupant commits a serious criminal offence in the Premises or in the Locality.

If we serve a Notice on you using this ground, you are entitled to request a review provided that request reaches us within 7 days of service of the Notice on you. Information on the appeal process can be obtained by contacting us.

You should always seek legal advice from a solicitor or the Citizens Advice Bureau if a Notice is served on you. You can obtain a copy of the grounds for possession by contacting us.

R.1 – Injunctions

We reserve the right to seek injunctions either to require you to comply with or to stop you, visitors or members of your household breaching your obligations under this tenancy agreement.

We may also apply for an injunction pursuant to section 1 of the Anti-Social Behaviour Crime and Policing Act 2014 which may contain prohibitions and/or positive requirements as to your behaviour.

A Power of Arrest may be attached in certain circumstances. Applications can be made without notice to you in certain circumstances.

You should seek legal advice from a solicitor or the Citizens Advice Bureau if we choose to seek an injunction against you.

This may be in addition to or an alternative to any possession proceedings we may take.

S.1 – Consultation

We will consult with you before making changes in the matter of housing management or maintenance which are likely to have a substantial effect on you.

You have the right to be consulted as if the provisions of Section 105 of the Housing Act 1985 applied to this tenancy agreement.

T.1 – Assignment by Exchange

You have the right to assign this tenancy agreement to another tenant by way of an exchange with one other tenant (a “direct exchange”) or by exchanges involving more than one tenant (an “indirect exchange”) provided that the following conditions are complied with:

• Every tenant taking part in the exchange is a tenant of the Homes and Communities Agency, Housing for Wales, Scottish Homes, a registered social landlord, Local Authority, New Town or housing trust which is a charity;
• Where required under their tenancy agreement every tenant has the written consent of their landlord;
• (Indirect exchanges only) the tenant to whom you seek to assign this tenancy intends to assign their tenancy to another tenant who satisfies the above conditions;
• Our prior consent is obtained; and
• Any reasonable conditions attached to such consent relating to rent arrears, breaches of tenancy or obligations have been complied with and the exchange will not result in statutory overcrowding or under-occupation by more than one bedroom.

T.2 – Consent

We will not unreasonably withhold our consent unless it is withheld on one of the grounds contained in Schedule 3 of the Housing Act 1985.

T.3 – Grounds for Refusal

We will not rely on any of the grounds contained in Schedule 3 of the Housing Act 1985 unless we have, within forty-two days of your application, served a notice specifying the ground and giving particulars of it.

T.4 – Conditions

Except for any reasonable conditions permitted above, our consent will not be given subject to a condition and any condition imposed in breach of this clause shall be disregarded.

U.1 – Right to Succeed

On your death, provided you were not already a successor, the following persons may have the right to succeed to this tenancy agreement:

• Your spouse or person living with you as your husband or wife, provided they occupied the Premises as their only or principal home at the time of your death.
• Any surviving joint tenant who occupied the Premises as their only or principal home at the time of your death.
• Where there is no surviving spouse, partner or joint tenant, a qualifying family member or same-sex partner subject to specific statutory conditions.

Failure to comply with the required conditions may result in Ground 7 being used to end the tenancy.

U.2 – Definition of a Successor

You are a successor for the purposes of this tenancy agreement if you fall within any of the categories defined under the Housing Acts or have become a tenant through succession, assignment or court order.

U.3 – Discretionary Succession

Where there is no statutory right to succeed, we may end the tenancy and grant a new tenancy to a qualifying occupier in accordance with Ground 7 or Ground 9 of the Housing Act 1988.

1. Altering the Agreement

Except for changes to Rent (including Service Charges where applicable) this tenancy agreement may only be altered if both you and we agree in writing.

2. The Council

The “Council” in this tenancy agreement refers to the Local Authority in which your property is located.

3. Statutory References

All references in this tenancy agreement to statutory provisions are deemed to include references to those provisions as amended, varied, replaced or re-enacted from time to time.

4. Charity Status

The property this Tenancy relates to is held by a charity that is an ‘exempt charity’.

5. Energy Efficiency Payments

For the avoidance of doubt:

• You do not have and will not gain any rights of ownership in respect of any part of any energy efficiency equipment.
• Subject to any agreement we have with a third party otherwise, we will be entitled to receive all energy efficiency payments irrespective of whether we or a third party owns the energy efficiency equipment.
• If asked, you shall reasonably assist us to ensure that we have the benefit of any renewable benefit payments. This may include signing documents with an electricity company or any organisation that decides who is allowed to receive the renewable benefit payments.
• You may use any electricity and/or heat generated by any energy efficiency equipment.
• The inverter part of the energy efficiency equipment may require a small amount of electricity through the electrical cabling within the Premises. You agree that no charge is payable by us or to you in this regard.
• You will use your reasonable endeavours to ensure an electricity supply to such installation.

6. Definitions

• “energy efficiency equipment” means any FIT equipment and/or renewable heat equipment.
• “energy efficiency payment” means any benefits, payments, exports or revenue generated in relation to the energy efficiency equipment.
• “FIT equipment” means local carbon generation equipment eligible for feed-in-tariff payments, including associated inverters, meters, cabling and works.
• “grid” means the system for transmission of electricity in England and Wales operated by persons licensed by Ofgem.
• “renewable heat equipment” means renewable heat technology eligible for renewable heat incentives, including associated equipment and works.

Please note

It is a term of this agreement that you (or anyone acting for you) have not induced us to grant you this tenancy by knowingly or recklessly making a false statement either to us or (if applicable) to the Council.

We operate a formal complaints procedure which is outlined on Aspire Housing’s website or may be requested from us. If you believe we have breached this Agreement, you should complain to us in writing.

If we fail to deal with the complaint, you may seek free advice from the Citizens’ Advice Bureau or a law centre, consult a solicitor, or complain to the Housing Ombudsman.

We are subject to guidance on housing management practice issued by the Homes and Communities Agency which applies to this tenancy agreement.

As an Assured Shorthold tenant you are not allowed during the shorthold period to:

T. Right to exchange

You do not have the right to assign this tenancy to another tenant by way of an exchange.

U. Rights of succession

The Rights of Succession do not apply.