1. Your tenancy agreement
We are required under section 6 of the Audit Commission Act 1998 to participate in the National Fraud Initiative (NFI) data matching exercise. Tenancy data will be provided to the Audit Commission for NFI and will be used for cross-system and cross-authority comparison for the prevention and detection of fraud.
Lifetime secure tenancy agreement
This tenancy agreement is for both introductory and lifetime secure tenants and sets out a tenant's rights and responsibilities:
If you don’t currently have a social tenancy, it is likely you will be given an introductory tenancy.
Introductory tenancies usually last for 12 months from the tenancy start date but if you have broken your tenancy conditions during the first 12 months, the council may choose to extend your introductory period by a further 6 months.
After the introductory period, your tenancy will automatically become a secure lifetime tenancy unless we have begun proceedings to end the tenancy due to a breach of the tenancy agreement.
If you currently have a social tenancy, it is likely you will be given a secure lifetime tenancy with no introductory period.
There are some parts of the tenancy agreement which cause confusion. These are explained below.
Succession
Succession rights mean the right to take over the tenancy or inherit it when someone dies.
Succession can only happen once, so if the person who passed away succeeded to the tenancy themselves, there normally can't be another succession.
Who can succeed a tenancy?
If you signed your tenancy agreement after 1 April 2012:
- If you have a lifetime tenancy, there is one right of succession for your spouse, partner or civil partner to take over your tenancy after your death if they occupy your home as their only or main home.
- If you have an introductory tenancy, there is also a right for a member of your family to succeed (if there is no spouse, partner or civil partner) as long as they occupy your home as their only or main home and have lived with you for 12 months.
If you signed your tenancy agreement before 1 April 2012:
- There is one right of succession after your death for a spouse, partner, civil partner or for any other immediate relative as long as they have been living with you for at least twelve months.
- Extended family members – other “family members” (defined below) do not have an automatic statutory right to succeed unless the specific tenancy agreement expressly permits it (known as contractual succession). Where a tenancy agreement does allow it, or in older definitions, “family members” include those related to the tenant such as parents, grandparent, children, siblings, uncles, aunts, nephews, nieces, step-relations and half-relations.
- We will require proof that relatives have been living with you, and this must show they have been contributing to the household. For example, a gas bill showing their name as well as yours.
Joint tenancies
If someone is already a joint tenant then they will retain their tenancy on your death, and this is called ‘by right of survivorship’. The surviving tenant is treated as a successor to the tenancy.
If the home is too large or has adaptations
If your home is too large for the household’s needs, for example it has more bedrooms than is needed, or has adaptations worth £1,000 or over which are no longer required, we may acknowledge succession, but we will work with the successor to help them find and move to a different home.
Assignments
An assignment of tenancy takes place where a tenant exchanges properties with another tenant or a sole tenancy becomes a joint tenancy or vice versa.
Lifetime tenants of Exeter City Council may assign their tenancy to another member of their household who would be qualified to succeed the tenancy if the tenant died, as long as there has not been a previous succession or assignment of that tenancy. You will also need permission from us in writing. Please contact us so that we can advise you.
The assignment must be to a sole tenancy only (except for mutual exchange). A joint tenancy cannot be assigned to a sole tenancy.
Where an assignment takes place all the rights and responsibilities of the tenancy are passed from the original tenant (the ‘assignor’) to the new tenant (the ‘assignee’). The original tenant no longer has any rights or responsibilities whatsoever in relation to the property.
Sub-letting and lodgers
Sub-letting means that you allow someone to have exclusive use of all or part of your home: they will usually do their own cooking and cleaning. In effect you will have created a new sub-tenancy.
A lodger is someone who lives in your home but does not have an exclusive right to any part of it. For example, they would share your kitchen, bathroom or living room.
- You are not allowed to sub-let the whole of your home to anyone.
- You may sub-let part of your home, or take in a lodger, as long as you get our written permission first.
Whether you have a lodger or a sub-tenant (for part of your home), you must continue to live in your home, and it must be your principle (main) residence. If you don't, you will lose your secure tenancy, and we will take action to repossess your home. The Prevention of Social Housing Fraud Act 2013 also means that you will be committing a criminal offence if you sublet your home when you’re not allowed to.
Please contact us if you are considering taking in a sub-tenant or lodger. We will need the name and age of the intended sub-tenant or lodger, and we may ask you more questions about them.
We are not likely to consent to Airbnb-style holiday lets.
Remember, you should not overcrowd your home, and you are responsible for the behaviour of your sub-tenants and lodgers and if they cause a nuisance or harass your neighbours you will be breaking your tenancy conditions and you may lose your home.
If you apply for a transfer, your lodger or sub-tenant will not be considered as part of your household. If you move out, they must move out at the same time.
It is your responsibility to declare any income you receive from lodgers or sub-tenants for tax and benefit purposes.
Notice of proposed visits
Under Section 11(6) of the Landlord and Tenant Act 1985, and your tenancy agreement, we may enter the property to inspect its condition or carry out repairs, but only at reasonable times of day (usually Monday -Friday 9am -5pm) with a minimum of 24 hours’ written notice, (either by letter, email or text). If possible, however, we will aim to give you at least 48 hours’ notice, except in an emergency. An example of an emergency would be if there was a fire or flood where immediate access would be necessary.
- If the proposed time is not convenient, please contact us immediately to rearrange.
- If we do not hear from you, we will assume the appointment is convenient and will proceed with the visit.
Failure to allow access may result in a recharge for officer and contractor costs incurred.
Please see our repairs and maintenance section for more information about our targets for completing repairs (including emergency repairs), and our No Access Protocol.
Reasonable adjustments
We have obligations under the Equality Act 2010 to make reasonable adjustments to enable disabled people to use its services and enjoy their homes fully.
We have separate webpages about how we make adjustments to our services or adaptations to your home.
Tenancy Policy
You can find more information in our Housing Tenancy Policy