2 Your conditions
When you move into a council property, you have agreed to enter into a legal contract with Wandsworth Borough Council and become the council's tenant.You have to sign your acceptance of the tenancy conditions, which gives you the right to stay in the property provided you do not break any of them.
You can get a further copy of your tenancy conditions from your managing agent - Housing Department at 17-27 Garratt Lane, London SW18 4AE or from the website.
Your responsibilities as a tenant apply to you, your friends and relatives and any other person living in or visiting your home, including children.
There are three types of tenancy:
- introductory tenancy
- secure tenancy
- non-secure tenancy
These are described as follows:
Introductory tenancy
Unless you are transferring from a secure tenancy, or an assured shorthold tenancy with a registered social landlord which has lasted over 12 months, you will start your tenancy as an 'introductory tenant'.
Your introductory tenancy will last for one year unless you were an assured shorthold tenant of a registered social landlord immediately before being offered the tenancy. If this is the case, your time in this tenancy will count towards your introductory tenancy period and you will be advised of the length of your introductory tenancy by your managing agent. If you do not break any of the tenancy conditions during this time, you will automatically become a 'secure tenant'.
If, during your introductory tenancy, you break any of the tenancy conditions, we will take action to end your tenancy.
By law, during your introductory tenancy, you do not have the same rights as a 'secure tenant'.You cannot do the following:
- apply for the right to buy your property
- vote for a change of landlord
- sub-let part of the property or take in a lodger
- apply to exchange your tenancy
Secure tenancy
By law, as a secure tenant you have the right to stay in the property. We cannot evict you from the property unless we can prove grounds to do so to a court and the court grants an order for possession. As a secure tenant you will enjoy a number of rights not available to introductory or non-secure tenants.
Non-secure tenancy
Some tenancies are neither secure nor introductory. These are known as non-secure tenancies.
These apply if, for example:
- a property is linked to your job
- a property is let to you temporarily
- you sub-let the whole of the property
- you do not live in the property as your main home
In these cases you will not have the right to:
- buy your property
- succession for members of your family
- exchange your tenancy with another tenant
- ask for another contractor to do an urgent repair
- when the repair has not been done in time
- sub-let part of the property
- compensation for improvements
The tenancy can be ended by either you or the council giving 28 days notice to quit in writing and ending on a Monday.
3 Your rights as a tenant
Your tenancy conditions give you the right to live in the property. We will not interfere with this right unless we have to take action because of reasons given in the Housing Acts 1985 or 1996 or any future law.We will take action if you break any of the tenancy conditions.
4 Using the property
You must live in the property as your main or only home. You must not run a business or trade from your home without first obtaining our written permission. We will not refuse permission unless we feel that the business is likely to cause a nuisance to other people, or damage to the property. If we do give permission for you to run a business from your home, and it causes a nuisance, we will withdraw the permission.
5 Purchasing another property
While you are a tenant you must not purchase another property, either on your own or jointly with another person and sub-let it without first obtaining our written permission.
6 A change in the type of tenancy
Secure tenants
If you do not live in the property as your main home or you sub-let it, you will no longer have a secure tenancy.You will become a non-secure tenant as described in Condition 2, non-secure tenancy.You can get more information and advice from your housing office.
Introductory tenants
If you do not live in the property as your main home, or you sub-let it, you will no longer have an introductory tenancy.You will become a non-secure tenant as described in Condition 2 non-secure tenancy. You can get more information and advice from your housing office.
7 A change in the occupants
You must notify the council in writing, within 28 days, of any long-term change in the people who are living in the property. Other members of the household should let us know if the tenant dies.
You must tell your housing office if you are going to be away from the property for more than 12 weeks. We will then know you have not abandoned the property. This information will be kept confidential.
8 The right to take lodgers
Secure tenants only
As a secure tenant, you are allowed to take in lodgers, but you must tell us immediately if you do and you must not allow your home to become overcrowded.
Introductory and non-secure tenants only
You are not allowed to take in lodgers.
9 Other people living in the property
You must not transfer, hand over or sub-let the whole property to another person, or allow the property to become overcrowded by other people living or staying there.
10 Sub-letting your property
Secure tenants
You must not sub-let or hand over a part of your property without first obtaining the written permission of the director of housing. This will not be withheld unreasonably if you are a secure tenant.
Introductory and non-secure tenants
You must not sub-let or hand over a part of your property in any circumstances.
11 Exchanging your tenancy
Secure tenants
You have the right to exchange your tenancy with another secure tenant provided that you both have written permission from your landlords.
Permission can only be withheld on the following grounds:
(a) if either party is required to give up possession under a court order
(b) if possession proceedings have been started against either party
(c) the accommodation is considered unsuitable for the new tenant's needs
(d) the accommodation is linked to the tenant's job
(e) the property has been adapted for a disabled person
(f) the property is in sheltered accommodation
We may ask you to pay any rent arrears or put right any other breach of the tenancy agreement before we give permission for the exchange to take place.
Introductory and non-secure tenants
You do not have the right to apply to exchange your tenancy.
12 Rights of succession
Secure and introductory tenants
When you die your tenancy will pass to your husband or wife if they were living with you at the time of your death. This is called "succession". If you do not have a husband or wife the tenancy can pass on to a member of your family, including your partner, if they had been living with you continuously for the twelve months before your death.
If a joint tenant dies the tenancy will pass to the other joint tenant and this will count as a succession.
By law, a second succession is not possible, but we may agree to give a new tenancy to a relative in certain circumstances. Also, in some special cases, such as carers or partners of single-sex couples, we may also agree to give a new tenancy.Your housing office will give you more information.
Non-secure tenants
You do not have succession rights.
13 The right to buy your property
Secure tenants
In certain circumstances you have the right to buy your property. You should contact the Home Ownership Unit if you need more information about this.
Introductory and non-secure tenants
You do not have the right to buy your property.
14 Serving a notice
You must send any written notice by post or by hand either to your housing office or the housing department at 17-27 Garratt Lane, London SW18 4AE. If we have to send you a written notice, it may be posted or delivered by hand to the property or to your last known address, or handed to you in person or fixed to the property.
Notices include a notice to quit, notice of seeking possession, notice of variation of rent or conditions of tenancy and introductory tenancy notices.
