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Your Tenancy

Detailed information about your tenancy can be found in your Customer Handbook or in your tenancy agreement. This page is for general guidance only. Answers to more specific questions can be found in your tenancy agreement.

Here you will find the answers to the most frequently asked questions about:

  • Your tenancy agreement
  • Your obligations
  • Our obligations
  • Succeeding to a tenancy
  • Adding or removing names
  • Changing your name
  • Lodgers and subletting
  • Animals/pets
  • Temporary absence from your home
  • Ending your tenancy

Your tenancy agreement

You made a legally binding contract when you signed your tenancy agreement. You will have one of three types of tenancy:

  • Secure - An older type of tenancy issued before 15 January 1989. Rents are set by the Rent Officer. Secure local authority tenants who transfer to us now sign an assured tenancy.
  • Assured - Our standard tenancy.
  • Starter - This is an assured shorthold tenancy. It carries fewer rights than assured and secure tenancies. It is converted to an assured tenancy after 1 year, but only if the tenancy has been conducted satisfactorily. If not, the Starter tenancy will be ended or extended.

Your obligations

You must:

  • Use your Trust property as your sole home
  • Pay your rent on time
  • Keep the property in good repair and decorative order
  • Give us access to carry out an annual gas safety check
  • Ensure that the property is not used for any illegal activity
  • Ensure that neither you nor your guests are a nuisance to your neighbours
  • Grant us access, with reasonable notice, for reasons of health and safety

These are your main obligations, not a comprehensive list.

Our obligations

We must:

  • Keep the structure of your home in good repair
  • Repair any installations or fittings we have provided
  • Carry out an annual gas safety check
  • Ensure that common areas are clear of rubbish and in good repair
  • Insure the structure of the property. You are responsible for insuring the contents, including any floor coverings such as laminate flooring, and we strongly advise you to do so - see Insuring Your Home.

These are our main obligations, not a comprehensive list.

Succession

If a tenant dies, it is sometimes possible for other people living in the property to take on the tenancy. This is called succession.

If you have a joint tenancy and one tenant dies, the tenancy continues with the remaining joint tenant. If the second joint tenant dies, no one has the right to the tenancy.

Another occupier of the property may also have the right to succeed provided the property was their only or main home prior to the death. This can apply to spouses, civil partners and same sex partners.

A close family member may also be offered the tenancy provided they have been living with the deceased tenant for at least a year prior to the death. We may ask the successor to move into alternative accommodation if the property has been specially adapted or if it is too big for the new household.

Succession is not granted in certain circumstances. When the tenant who dies is already a successor to the tenancy, for example. If you divorce or separate, the court can order the tenancy to be assigned to the tenant or a member of the household.

Adding or removing names

Our permission is required to add names to a tenancy or to remove them.

To add your partner or spouse (you cannot usually add a relative), these conditions must be met:

  • Your rent account must be clear or you should have made a written agreement to clear any arrears and kept to it for at least 3 months.
  • You must be able to prove that your partner has been living in the property for at least 12 months as their only or principle home - a bill in your partner's name, for example
  • If you are married, you need only give us a copy of your marriage certificate, approval will be given provided your rent account is clear.

If you have a joint tenancy and you want to remove one of the name, to become a sole tenancy:

  • Both parties must agree to the change and confirm their agreement in writing
  • The new sole tenant must be aware that he or she is taking on the tenancy and all responsibilities linked to it
  • No active court orders
  • No rent arrears

A court may also order that the tenancy is passed from one married, or co-habiting partner to the other.

To find out more or apply to add or remove someone from your tenancy, please contact your housing officer.

Changing your name

The way your name appears on your tenancy can be changed if you give us a copy of:

  • Your deed poll (official change of name)
  • Your marriage certificate

Subletting and lodgers

You cannot sublet your whole property. If you do so, we will go to court to end your tenancy and evict your subtenant.

You can take in a lodger provided it does not cause overcrowding, you have our written permission and you continue to live in the property. You cannot, however, create a new assured tenancy. You are responsible for your tenant's behaviour.

Your benefits may also be affected if you have extra person in your household. Check with your benefits office if you are unsure.

Animals/pets

Our permission is required to keep animals in your property. Each case is decided on its individual merits but permission will not be granted if your animals are likely to affect the condition of your home or be a nuisance to your neighbours.

If you live in a house we will usually give permission for one dog and/or cat. But we will only give permission for cats and dogs in flats in special circumstances e.g. an assistance dog.

Permission to keep a particular animal is not permission to keep other animals. You must get our permission for each animal you want to keep in the property.

Where animals are causing a nuisance to other people, we will withdraw permission to keep it. If you keep a pet without our permission we may take legal action against you.

Temporary absence from your home

You should let us know if you intend to be absent from your home for more than 4 weeks. We would ask you to leave a key with someone and give us any information we need to contact that person in the event of an emergency (a leak, for example).

Ending your tenancy

Giving Notice
If you move out, you must give us at least 4 complete weeks' notice ending on a Monday. If you are joint tenants both tenants must sign the Notice to Quite for it to be valid. The Notice must be in writing. Our Notice to Quit sets out all the information that you need to give.

Fill in our Notice to Quit and send it your housing officer or local area office.

We will check that you have given all the necessary information including your new address. We will inspect your home and discuss any works that you may have to do before you leave. tell you how much rent you will need to pay to have a clear rent account when you leave.

Before you leave
Your home must be left clear and clean ready for the new tenant. This includes removing any items left in the garden or loft space. Any redecoration should be done before you move. Make sure you repair or replace any fittings that you have broken. Remove all the floor coverings including grippers, unless you have agreed with your housing officer to leave these for the new tenant.

You will be charged if anything is left for Guinness Trust to clear or if the property requires repairs, redecoration or cleaning other than for fair wear and tear.

You should also tell the utility companies and housing benefit office that you are moving out.

On the day that you move out
Make sure that you have made arrangements to pay all of your utility bills. You should take readings of all the meters and keep a written record. You should turn off all services before you leave.

Make sure the property is left clear and clean, including the garden, and that all doors and windows are securely shut.

Hand in all your keys including any gas, or electric prepayment keys/cards to your local office by 12 noon on the Monday that your tenancy ends. If you put them in the post you should do so by recorded delivery. You are responsible for the rent until we get the keys back. If we do not receive the keys, you will be charged the cost of changing the locks.