Advice On Tenancy Issues

Your tenancy agreement is the document you sign when you agree to become the tenant of your home.  It is a contract between you and the landlord and records information such as the rent, the date you became a tenant.  It also lists the other conditions you must keep to as a tenant.  There are a number of ways you can apply to have your tenancy agreement changed.

Joint Tenancy - You may want to share the responsibilities of your tenancy with someone who lives with you as your wife or civil partner.  Where the tenants are not either married or have a civil partnership joint tenancy will only be granted where the proposed new joint tenant has lived at the property for not less that one year and is a person who would be entitled to succeed to the tenancy in the event of the tenant's death.  The existing tenant will be required to terminate his/her tenancy and a new tenancy will be granted.  You should apply to your landlord for a joint tenancy.

Transferring your Tenancy - It is not possible for you to transfer the whole tenancy to anyone else although a Court may make an order in respect of a tenancy to put it in a particular person's name. It may be possible to assign a tenancy to a person who would be qualified to succeed to it in the event of the tenant's death. Your landlord may be able to give you more advice about this.

Succession to Tenancy - In some circumstances a close relative has a right to succeed to a deceased person's tenancy if the person who takes over your tenancy then dies, no one living with them will have an automatic right to take over the tenancy in the same way.  However, it may be possible to consider them for other accommodation.  Your landlord will be able to give you more advice about this.

Paying Rent - It is important that all tenants pay the rent that is being charged at the property.  Failure to do so could result in eviction.  Landlords have a duty to collect all rent due for its dwellings, as the income is vital to fund other services.  Landlords should take reasonable steps to try and resolve tenancy or rent arrears problems.  However, if all else fails, the Landlord will apply to the Courts to repossess a property.  The most common ground for eviction is non-payment of rent, although it is possible for tenants breaching any other aspect of their tenancy agreement to be evicted.  Once a Possession Order is obtained from the Court, any application to vary the terms of the order or obtain a stay of execution must be made to the Court itself rather that the Council.

If tenants are facing a Possession Order, it is advisable to seek independent legal advice.  Tenants can contact a solicitor directly, the local Citizens Advice Bureau can offer free advice, North Shropshire Homeless Action Partnership and the Housing Options Team and the Council can offer free advice.

There is no guarantee that the Courts will not agree to the eviction of households with children.  The Council or other Registered Social Landlords generally have no obligation to re-house those who are evicted for non-payment of rent.

What happens if I am evicted?

If you are evicted you will have to find alternative accommodation for yourself and anyone else who is living with you.  The Court will tell you the date and time that the bailiff will arrive.  Your landlord will also be there.  The locks of the house will be changed and any of your belongings that are still there will be cleared.

Can I stop the eviction?

The earlier you take action or get advice the better.  It is more difficult to make agreements at a late stage.  You may apply for the Warrant of Possession to be suspended.  The Court will then reconsider your case but may not agree to alter the decision.  Please remember, if you are having difficulty paying your rent:

-         Speak to your landlord

-         Get advice from CAB, North Shropshire Homeless Action Partnership, a Solicitor or the Housing Options Team at the Council.

-         Make regular payments, no matter how small they are

Decoration Allowance

A new or existing tenant of a Housing Association may be eligible for a decoration allowance payment if you are a new tenant going into their new home.

The Housing Association decides how much the payment will be by calculating it on a room-to-room basis.  The decoration allowance is issued from the Hosuing Association in a voucher form that tenants can exchange for goods in specified local DIY store.