Your Tenancy

Your tenancy agreement is an important legal document, so you should keep it in a safe place. The agreement sets out our rights and responsibilities as your  landlord and your rights and responsibilities as one of our tenants. The type of tenancy you have is printed on the front of the tenancy agreement.

Introductory tenancies

The introductory tenancy is for a trial period of one year. During that time, you must show that you are responsible enough to keep your home and can keep to  the conditions set out in the tenancy agreement. If you break any of these conditions, we can extend the introductory period or take steps to end your tenancy. We will provide support during this 12-month period including completing a 6-month review where you have an opportunity to raise any concerns about your  home and tenancy. However, please do contact us at any time for support or advice if have any concerns about your tenancy.

Secure tenancies (lifetime)

If you become a secure tenant, you have full legal rights as a Council tenant. This means you keep your home for as long as you choose as long as you keep to the  conditions set out in your tenancy agreement. As example we can only take your home away from you if you do not pay your rent or if there is legal ground for  possession under the Housing Act 1985, the Housing Act 1996 or any other law.

Secure tenancies (fixed term)

For certain properties we issue a 5-year fixed term secure tenancy. We will tell you about this at the viewing and before you sign your tenancy.

Demoted tenancies

If you do not keep to the conditions of your secure tenancy, for example cause anti-social behaviour, we may apply for a court order to remove some of your rights as a secure tenant. A demoted tenancy has less security and fewer rights, similar to an introductory tenancy. A demoted tenancy lasts for one year and if we are satisfied with your behaviour during that time, you go back to a secure tenancy. Introductory tenancies can be ended more easily than secure tenancies if  conditions are not adhered to.

As an introductory tenant you have fewer legal rights than a secure tenant. The differences are:

• you cannot mutual exchange
• you do not have the right to buy your home 
• you cannot take in lodgers or sublet any part of your home
• you cannot use your home for business purposes
• you cannot make any permanent alterations to your property (other than decorating, laying carpet and minor improvements such as putting up shelves)

For more information about your tenancy or any queries please contact the Tenancy Services Team or read our Tenancy Policy. [add link to policy]

Joint tenancies

Tenancies may be held on a sole basis or jointly by two or more tenants. Joint tenancies may be awarded at the time of application or, an existing sole tenant may apply for an additional tenant to be added later. There is no legal right to a joint tenancy and GYBC will consider each application upon its merits. Consideration  will be given to awarding a joint tenancy at the point of offer of a tenancy where the partner or prospective joint tenant are both eligible to be housed in  accordance with the Housing Act 1996 and meet one or more of the following:

• the applicant's spouse, registered civil partner or partner who has continuously resided with the applicant in the previous 12 months
• the applicant's carer where a medical need for a residential carer exists and the carer has either:
  • surrendered a tenancy from a Registered Provider in order to move in with the tenant to provide care
  • lived with the applicant or not sought independent accommodation for a period of 12 months or more due to undertaking caring responsibilities of the applicant and where the exceptional circumstances of the case mean that awarding a joint tenancy will substantially increase the likelihood of that tenancy being sustained

Termination of joint tenancies

If you have a joint tenancy, you are both responsible for the whole tenancy. If there are rent arrears or another condition of the tenancy is broken, either of the tenants can be held responsible. A joint tenancy can be ended if either person serves a termination notice. The joint tenant who has not submitted the notice to terminate can apply for the tenancy, which will be considered in accordance to their housing need.

Succession - passing on your tenancy

Sole tenants may have the right for their spouse or, civil partner to take over the tenancy when they die. For tenancies that started before 1 April 2012 a qualifying family member may also take forward the tenancy, called succession. After April 2012, succession is limited to the tenant's spouse or registered civil partner, as long as they were living together at the time of their death (or, if the tenancy is a demoted tenancy, for at least a year beforehand) and it must be their only home. You cannot pass your tenancy on to friends who live with you. If more than one person is eligible to take forward the tenancy, we will give preference to the tenant's partner. A succession can only take place once. Where a joint tenant becomes a sole tenant (this may happen on the death of one of the joint  tenants) this counts as the one succession allowed.

If the property is not suitable for the needs of the person succeeding to the tenancy (for example the property becomes under occupied) we may request them to move to a more suitable property. We can only use this reason between 6 and 12 months after the previous tenant's death. A possession order may be needed if the successor refuses reasonable alternative offers of accommodation.

Tenancy support

We recognise that for a variety of reasons it can be difficult to sustain your tenancy and know where to turn for help. This could be for a number of reasons  including poor health and financial or wellbeing issues. We have a team of Tenancy Support Officers who can support you; provide guidance to help you sustain your tenancy and in turn remove some of the worries you may be experiencing. For more information please do contact a member of the tenancy team.

Right to buy

You may have the right to buy you home. There are some exceptions listed below:

• tenants with less than three years qualifying tenancy
• tenants of Sheltered Housing Schemes and Disabled Housing Developments
• where a property is particularly suited for elderly people
• tenants without a secure tenancy
• tenancies granted under homeless legislation
• tenants who do not occupy the property as their only or principal home
• tenants who have outstanding possession orders
• homes that have been adapted

To find out more information please visit our Right to buy page or contact the Rent Income Team on 01493 846726.