Why are we changing your
tenancy conditions?

It has been many years since the last agreement and tenancy conditions were updated and the law has changed many times since then. The old tenancy conditions did not allow for introductory or flexible secure tenancies and the Council wishes to use these from April 2016.

We hope that you will find the new tenancy conditions easy to follow and set out more clearly what the Council’s expectations are of you as a tenant and what you can expect of your landlord. To reduce the amount of paperwork we have also combined the new agreement and conditions for all the different tenancy types into one document.

Throughout this guide we have provided some questions and answers that we think you might find useful – but if you do have any other questions, please get in touch with East Kent Housing using the contact details provided in the letter sent with this document.

Q&A

How will the new tenancy agreement affect me?

If you are a secure tenant you will continue to have the same rights you had under your original agreement. However, some of the tenancy conditions are changing and we want to make sure you know and understand how they will affect you.

If I transfer to another Council property will I become an introductory tenant?

No, your secure tenancy will continue.

Will I have to sign a new agreement?

No because we are only varying the conditions of your tenancy and your existing tenancy will continue.

The new tenancy conditions place more emphasis on the things that tenants have told us are important to them. They include paying your rent, dealing with tenancy fraud, anti-social behaviour, parking and keeping pets.

Why is paying my rent so important?

Last year seventenants were evicted for non-payment of rent. Eviction is seen as the last resort. If a tenant persistently fails to pay their rent or keep to an agreement to clear their rent arrears legal action will be taken to end their tenancy. This can mean that they lose their home.

The new tenancy conditions focus on the importance of paying your rent and other charges as well as your responsibility as a tenant to sort out any claim you may make for help meeting the costs of your rent. If you are having problems making payments please contact us on 01304 751061. We are here to try to help you. If you fail to pay your rent you could lose your home.

If I cannot pay my rent will the new conditions make it easier for you to evict me?

We know that people are struggling at the moment and that changes to the way in which welfare benefits are being paid (and could be paid in the future) make it more difficult for some families.

The new tenancy conditions will not mean that it will be any easier to evict you if you do not pay than it is now. We hope that by making it clearer how important it is to pay your rent you will contact us if you are having problems rather than leaving it too late.

Living in your home

There are many families on the Housing Register who are waiting for a Council home.

To make sure that Council homes are occupied by the families who need them the section on “living in your home” tightens the conditions about how you should use your accommodation. The new tenancy conditions also includes tenancy fraud terms and details of when you can take in a lodger or sublet part of your home.

Q&A

My ex-partner moved out a while ago, can you take their name off of the tenancy now that you are changing the conditions?

Although we are changing the tenancy conditions your existing tenancy remains the same and you have to follow certain steps if you wish to take somebody off your agreement. If you want to remove your ex-partner from your agreement you can:

  • Obtain a court order which places the tenancy in your sole name (this can be obtained if you were married as part of your divorce proceedings or if you have children together)
  • Or if your partner agrees in writing that they no longer want to be a tenant and you confirm that you are happy to take the tenancy over you can serve us with 28 days’ notice that you wish to end your tenancy.

Remember: If you wish to make any changes regarding the people named on your tenancy agreement please contact your Neighbourhood Manager before taking any action.

It is really important that you speak to us first as we will check that you are eligible to be housed, that you do not owe any rent arrears and that you still need the same number of bedrooms before we are able to offer you the tenancy in your sole name.

If you don’t, you could be offered a tenancy in your own name for a smaller property or be asked to leave your home.

Dealing with Anti-Social Behaviour

You told us that dealing with Anti-Social Behaviour (ASB) effectively is very important to you because of the huge impact it can have on neighbours’ lives.

The new tenancy conditions are far more specific about the types of behaviour we consider to be anti-social, and include a recommendation to attend mediation if we think it is appropriate.

Because of the number of complaints we have received regarding noise from one flat to another because residents have installed laminate flooring, the new conditions require that you ask permission from us before installing it in the future.

Q&A

Why should I be responsible for people who are visiting my house and causing a nuisance?

As the tenant you are responsible for the behaviour of anyone who lives at your address or who visits you there. If we have complaints about your visitors we will let you know and ask you to deal with this. If you do not we may take action to end your tenancy for allowing this to happen.

Gardens and Parking

Each year we receive many complaints about untidy gardens and inconsiderate parking.

We appreciate that both of these issues can affect the look and feel of a street or estate and the way in which residents feel about where they live.

The new tenancy conditions provide much clearer guidance about your responsibilities for maintaining your garden, parking and disposing responsibly of your household rubbish.

We also understand that some tenants are unable to maintain their gardens because of ill health and we can offer advice about how to access help to maintain your garden. Alternatively we could help you move to another property that does not have a garden.

Q&A

The tree in my garden was already there when I moved in, am I responsible for it?

Yes. Although we aim to remove any trees or structures that do not comply with our agreement before a tenant moves in, when signing your original tenancy agreement you agreed to take responsibility for the garden and any plants or structures that were there from the time you moved in.

Keeping pets

Unfortunately there are a small minority of pet owners who do not look after or control their pets.

The new tenancy conditions have been amended to give much greater detail about keeping pets in a council home, including clearing up faeces from individual gardens. They also explain what actions will be taken if the conditions are not complied with.

Sometimes, especially when residents go into hospital or become unwell, pets are left unattended in council homes. The new tenancy conditions requires pet owners to appointment someone to look after their pet should this happen so we can arrange for the pets to be cared for.

Q&A

I live in a flat and have had a small dog for years. I can’t remember whether I asked permission or not so will you make me get rid of my pet?

We are not going to ask existing tenants to get rid of their pets if they are responsible pet owners and their pets are not causing a nuisance to other residents.

We will not expect responsible pet owners to apply retrospectively for permission. However any tenant who wants to buy a new pet must obtain our written permission for this.

Q&A

I notice that the legal rules on succession have changed. I am the sole tenant and thought that my son/daughter would be able to take my tenancy over when I died. What will happen now?

The new tenancy conditions reflect the changes in the law on succession. There can still only ever be one succession but the rules about who can succeed have changed. If your tenancy started before 1 April 2016 it may still be possible for either your spouse/civil partner or a qualifying member of your family who has been living at the property for the 12 months leading up to your death to succeed to your tenancy. If your tenancy started after 1 April 2016 your spouse or civil partner (or someone who has lived with you in the capacity of spouse or civil partner) may still be entitled to succeed to your tenancy. However there is no longer an automatic right for a qualifying relative, i.e. son or daughter to succeed to the tenancy.

In any case where the person entitled to succeed is a qualifying family member the Council consider carefully whether the property is suitable for them or not. If it is too large or unsuitable for another reason the Council will ask them to move to another smaller or more suitable property.

In cases where there is no automatic right for a qualifying relative to succeed to the tenancy the Council will consider each case individually to see whether or not they are able to help with alternative accommodation.

Ending your Tenancy

Q&A

I notice that all tenants are now required to give four weeks’ notice to end their tenancy under the new tenancy conditions. If I go into residential care will I still need to give notice?

It is important that all tenancies are ended legally. Whilst we used to accept the surrender when the tenant went into residential care,many relatives told us that they felt rushed into returning the property to us. We are therefore extending the timeframe to allow them more time to deal with the tenants affairs.

Q&A

If I die will my relatives be responsible for paying the rent whilst they clear the property?

Housing Benefit stops the Sunday after a tenant diesor ceases to occupy the property. However it is the tenant, not their relatives, who are responsible for paying any arrears that accrue. If the tenant has died it is their estate that is liable for any debts. If there are no available funds in the estate the debt will usually be written off by the Council.

What happens next?

In this guide we have tried to explain the main differences between the new agreement and the old one. Many of the conditions in the new agreement were already in the older agreement and have not changed. The aim of the new tenancy conditions is to provide much greater detail about the expectations Canterbury City Council has of its tenants and in turn what tenants can expect from their landlord.

Q&A

How do you plan to consult with existing tenants about these changes?

We have sent copies of the proposed new tenancy conditions and letters to all existing tenants in the Canterbury district. We are inviting any tenant who wishes to make comments about the proposed agreement, to do so by Sunday 3 January 2016 and these comments will be taken into account when a decision is reached about the new tenancy conditions. We will also be including items about these changes on the East Kent Housing and Canterbury City Council websites.

What will happen when the consultation period has closed?

At the end of the consultation period the Council will consider all the feedback made. When the new tenancy agreement is approved, all tenants will be given 28 days’ notice that the Council wishes to vary the terms of their tenancy agreement, along with a new copy of the final conditions. At the end of the 28 day period the new tenancy conditions will take effect.

Do you have a question about these changes?

  • Email -
  • Call 01227 862046