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As a council tenant, you have a number of
legal rights, the main ones of which are summarised
below:
Use the links above to take you to each section on
your rights as a secure tenant.
The right of
succession
If you die, your tenancy will pass to your husband,
wife, partner or other close relative, as long as they were living
with you at the time of your death. For a partner or close
relative, they need to have been living with you for at least the
last 12 months.
However, the law states that a tenancy can only be
transferred once in this way so if you have inherited your tenancy
from a partner, you cannot pass on the tenancy to a relative
following your death.
The right to take in
lodgers
A lodger is someone who shares your home with your
family. You can take in lodgers without asking our permission,
provided you do not overcrowd your property.
You also have the right to sublet part, but not
all, of your house although you must get our written permission
first. A subtenant is someone who has the sole right to occupy part
of your home and lives separately from your household. You are not
allowed to sublet the whole of your home.
Any arrangement to take in lodgers or sublet part
of your home is a private one between you and your lodger or
subtenant and we will not get involved in any disputes. If you want
them to leave, you must ask them to do so. Lodgers and subtenants
do not have the same rights as you and they must leave when your
tenancy ends.
If you get
Housing Benefit, you must contact our
Benefits and Revenues Service before taking
in a lodger or subtenant, as this will affect your benefit
entitlement.
The right to
exchange
You have the right to exchange your home with
another council or housing association tenant. Before doing this,
you each need your landlord's written agreement to the
exchange. We will only refuse permission if the property you
want to move to is too big or too small for your needs, or if you
have rent arrears.
The right of
assignment
In some circumstances, you have the right to
transfer your tenancy to someone else by assignment, as long as you
get our written permission first.
We will agree to this if:
-
a court has ordered you to give your tenancy to
your husband, wife or cohabitant (person you live with as if you
are married);
-
you are exercising your right to exchange;
or
-
you want to assign your tenancy to someone who
would have the right to succeed to it if you died.
We can refuse to allow an assignment of your tenancy if it would
be unreasonable; for example, if it would mean that your home would
be under- or over-occupied.
The right to buy
If you were a secure tenant before 18 January 2005 or were a
secure public sector tenant before 18 January 2005 (and you have
been a public sector tenant since that time) you have the right to
buy your home once you have spent at least two years as a public
sector tenant. In any other circumstances, you do not have the
Right to Buy until you have spent at least five years as a public
sector tenant. (Please note that there are some exceptions to the
Right to Buy).
If you are eligible for the right to buy, you will be entitled
to a discount based upon how long you have been a public sector
tenant, and whether you are purchasing a house or a flat. The
discount ranges from 32% to 60% if you are buying a house, and 44%
to 70% for a flat, subject to a maximum set by the Government. You
can download a
Notice claiming the Right to Buy form, if you wish to
apply.
If you buy a flat, we will continue to own the freehold and be
responsible for various items, such as repairs to the structure and
exterior of the property, as well as services such as the door
entry system. You will have to contribute towards these items
through an annual service charge. To see the kind of service you
should expect under Right to Buy, please see our
Service Standard.
The right to
repair
The right to repair makes sure that certain small, urgent
repairs - known as 'qualifying' repairs - are completed within a
specified time. These are normally repairs that are likely to
affect your health, safety or security.
If we do not complete a qualifying repair within the specified
time, you can ask us to get another contractor to do it. If this
second contractor then fails to complete the works, you will be
entitled to compensation from us.
Examples of qualifying repairs include:
-
unsafe power or lighting sockets, or electrical
fittings;
-
blocked flue to open fire or boiler;
-
leaking roof;
-
toilets that do not flush; and
-
blocked sink, bath or wash-hand
basin.
When you report
a repair to us, we will be able to tell you whether it is a
qualifying repair and, if so, how long we have to get the repair
done.
For more information, please view the
"A better deal for tenants: Your right to
repair" booklet from the Communities and Local Government
website.
The right to make
improvements
You have the right to improve your home, as long as you get our
written permission first. An improvement means an alteration or
addition to your home and includes the following:
-
installing any new or replacement fixtures or
fittings, such as heating or kitchen units;
-
installing satellite dishes or aerials;
and
-
putting up fencing.
If you decide that you want to improve your home, you should
write to us with full details of the work you want to do.
Alternatively, you can use the
application form.
You must not make any alterations until you have received our
written permission, which will also tell you what conditions you
need to keep to. Please note that even if you have our permission
as landlord, you still need to get any necessary
planning permission or building regulations
approval for the work. To see the service you can expect to
receive, please see our
Service Standard for the Right to Improve.
The right to compensation for
improvements
If you have made improvements to your home, you may be able to
claim compensation for them when your tenancy ends.
Compensation is payable for 'eligible improvements' that were
started on or after 1 April 1994. Examples include:
-
installing a bath, shower, wash-hand basin or
toilet;
-
installing a kitchen sink or work surfaces for
preparing food;
-
additional storage cupboards in the bathroom or
kitchen;
-
installing central heating, hot water boilers or
other types of heating; and
-
rewiring or putting in new power sockets,
lighting or other electrical fittings.
To qualify for compensation, you must have had our written
permission to carry out the improvements and you must make a claim
during the period 28 days before to 14 days after your tenancy
comes to an end.
The amount of compensation you are entitled to will depend on
how much the improvement cost you, its estimated life and how long
ago it was done.
You can either download or fill in the online form, an
application form to claim compensation for improvements you
have made to your home.
For more information, please view the
"A better deal for tenants: Your right to
compensation for improvements" booklet from the Communities
and Local Government website.
The right to see your housing
records
As your landlord, we hold information about you in connection
with your tenancy or tenancy application. The Data Protection Act
1998 gives you, as a council tenant, certain rights to see your
personal housing file so that you can check the details to make
sure they are correct. There are some reasons why we can refuse to
let you see this information and, if this is the case, we will
explain why.
If you would like to see your housing records, please write and
ask us or email us at
housing.services@tendringdc.gov.uk.
We will then make the necessary arrangements.
For more information, please view the
"Access to personal housing records:A factsheet
for council tenants" booklet from the Communities and Local
Government website.
The right to be
consulted
You have the right to be consulted if we plan to change the way
we manage your home, and we will give you the chance to tell us
what you think about our plans. We will ask for your comments in
various ways, including letters, personal visits and public
meetings. We will consider all the comments we receive before
making a decision.
The National Framework for Tenant Participation Compacts, which
came into force in April 2000, extended this
right beyond consultation so that you now
have the opportunity and are encouraged to become directly
involved in the decisions that affect your home and community.
See about how you can become
involved in the housing service.
The right to
manage
This allows tenants organisations to take over the management of
their homes and to run services that we would normally be
responsible for, such as rent collection or the repair service. A
tenants' organisation is eligible for the right to manage if it can
show that it represents the views of all its members and does what
they ask it to.
Any organisation that wishes to take over the management of its
homes must tell us, in writing, which homes and which services it
wants to manage.
For more information, please view the
"A better deal for tenants: Your right to
manage" booklet from the Communities and Local Government
website.
If you need to you can download the
free adobe reader to view the above pdf
documents. |