A tenancy agreement is a legally binding contract between a landlord and a Resident.  A tenancy outlines our obligations to you such as carrying out repairs and outlines many of your obligations to us, your landlord, such as the need to pay rent, and not to cause nuisance to others or damage property.  In addition, your tenancy sets out other conditions relating to the tenancy, such as the rules on keeping pets.  If you break the conditions of the tenancy agreement, or allow others to do so, we may take legal action to evict you from your home.

BGRMO offers what is termed an ‘introductory tenancy’. This is a 12 month probationary tenancy after which the resident will become a secure tenant, providing you meet the conditions of your tenancy agreement.

Am I an introductory Resident?

You are probably an introductory tenant if you satisfy all of the following conditions:

• The council has given you a home through its waiting list.  

• Your tenancy started less than a year ago.

It is important to note that BGRMO does not discriminate by only giving introductory tenancies to some people and not to others since all new residents are introductory tenants.

What is the difference between an introductory tenancy and a secure tenancy?

An introductory tenancy gives you many of the same rights as a secure council tenancy, however you can be evicted more easily. In addition, introductory tenants cannot:

• Exchange their tenancy with any other tenant

• Transfer the tenancy, unless they are ordered to by a court or in other very rare circumstances

• Exercise the right to buy (however, the period of introductory tenancy may count towards the right to buy)

• Take in lodgers or sublet all or part of the property

•  Make improvements to the property without our permission

What are your rights as an introductory tenant?

As an introductory tenant you have the right to be:

•  Told about introductory tenancies and the our duties to repair.

• Consulted on housing matters and kept up to date about any changes that affect your introductory tenancy

What are my obligations as an introductory tenant?

As an introductory tenant you must:

• Pay the weekly rent

• Keep the property clean and decorated

• Respect your neighbours and not cause a nuisance

• Make sure that anyone living at or visiting the property does not cause a nuisance

• Keep your garden in a neat and tidy condition

• Allow council workmen into the property to carry out inspections and repairs

• Give the council four weeks notice to end the introductory tenancy.

An introductory resident has other responsibilities that will be explained when you sign the tenancy agreement.

What happens if an introductory tenant breaches the tenancy agreement?

If you breach your tenancy agreement, BGRMO may take action to evict you. Examples where we have ended an introductory tenancy are;

•  The tenant failing to pay the weekly rent, or consistently paying their rent late

• The tenant causing or allowing visitors to cause a nuisance or annoyance to other residents

• The tenant moving out and subletting the property

During the first year of your tenancy, we will visit you in your home to ascertain how you are managing your tenancy and discuss any difficulties you may have.  If, however, you break any conditions of the tenancy agreement, a Notice of Proceedings for Possession may be issued and you will need to attend a tenancy review meeting, which may lead to possession proceedings being initiated.

When will you become a secure tenant?

It is possible to become a secure tenant 12 months from the date your tenancy started or the date you moved in - whichever is later. You will normally become a secure tenant automatically after the first year has passed as long as the council doesn't either:

• Start action to evict you during the 12 month period.

• Decide to extend your introductory tenancy for a further year.

If you have spent time as an introductory tenant in another property before your current tenancy started, the time you spent there should count towards the 12 months.  If you lived in your previous home for six months for example, you should only have to spend six months as an introductory tenant in your new home.

If you lived there for more than a year, you should be given a secure tenancy straight away, unless action has been taken to extend your introductory tenancy.  The same applies if you had a starter tenancy with a Housing Association immediately before you obtained your council tenancy.

If you have a joint tenancy, the trial period ends as soon as one of the joint tenants has completed the trial period.

What is the difference between a 'joint' and a 'sole' tenant?

You are a sole tenant if only one tenant is named on the tenancy agreement.  If two or more people are named on the tenancy agreement then you have a joint tenancy.  Joint tenants each have all the rights and responsibilities set out in the tenancy agreement, even if one leaves the property.  If one joint tenant formally ends the tenancy, the tenancy comes to an end, even if the other joint tenant did not know about it. 

I am having relationship difficulties/getting divorced, what will happen to my tenancy?

Only the courts can decide matters regarding separation, divorce, custody to children etc and you should seek independent legal advice about such matters.  Your housing officer will inform you of your rights regarding the tenancy. 

Can I pass my tenancy on to my partner or someone else when I die?

When a tenant dies, the tenancy continues in the name of any surviving joint tenant.  Even if you were not a joint tenant, the tenancy will continue in the name of the surviving husband, wife or common-law partner, so long as it was their main home at the time of death.  This is known as ‘succeeding’ to the tenancy. A tenancy can only be succeeded to another person once. If there is no husband, wife or common law partner to succeed the tenancy then the tenancy will be ended by a Notice to Quit being served on the property.   If however, a member of the family wishes to succeed to the tenancy, he or she must have lived at the property for at least one year immediately before the death of the tenant and provide PROOF OF THAT AFFECT.            

Where a succession to a tenancy has taken place and the property exceeds the size required by the successor, we might take legal action to obtain the property back.  In this circumstance, we will offer the successor alternative accommodation in relation to the assessed household need.  This is not applicable however, if  the husband, wife or common-law partner is succeeding to the tenancy.

Can I pass my tenancy to my partner or to anyone else at any other time?

There are two other situations that enable you to pass or assign your tenancy on to someone else.  Before you can do this however, you will need our permission in writing.

• You exchange your home with someone else.

• You have a court order ordering you to do so (divorce settlement)

What is subletting, and am I allowed to sublet my property?

Subletting is when you rent out your home to someone else.  You may sublet part of your home, but this can only be done with our permission.  Subletting the whole of your home constitutes a breach of your tenancy agreement and we may take action to repossess the property.

If I take in a lodger or sublet part of my home, will it affect my housing benefit entitlement?   

It may reduce your housing benefit entitlement.  In such circumstance you are advised to contact the housing benefit department as soon as possible to inform them of any changes in your circumstance.

Further information, please visit  London Borough of Lambeth