Tenancy Agreement

Your home is owned, managed and maintained by Gateshead Council.

The Tenancy Agreement sets out your rights and responsibilities as a tenant and those of Gateshead Council as the landlord.

It is the law that the tenant (you) and the landlord (us) must keep to the rules set out in the agreement.

The Tenancy Agreement is set out below. You can also view the Tenancy Agreement as a PDF. (PDF, 10 MB)

1. Tenancy Agreement
2. Secure tenants
3. Introductory tenants
4. Rights for both secure and introductory tenants
5. Security of tenure
6. Our responsibilities
7. Rent and other payments
8. Repairs and maintenance
9. Living in your home
10. Furniture
11. Living in your community
12. Ending your tenancy
13. Tenancy fraud
14. Service of notices
15. Definitions

1. Tenancy Agreement

1.1 This is a tenancy agreement between Gateshead Council 'the landlord' and you 'the tenant(s)'. This tenancy agreement is the document you sign when you become a tenant of Gateshead Council.

1.2 This agreement is a legally binding contract between you and the council and records information such as your name, the date you become a tenant, and the initial rent. Before you sign the tenancy, you will be asked to provide proof of identification which must confirm you have a legal 'right to rent' in the UK.

1.3 This agreement describes your rights and responsibilities as a tenant, and the rights and responsibilities of the council as your landlord.

1.4 Your responsibilities apply to you, your husband, wife, partner, civil partner, friends, relatives, and any other person living in or visiting your home, including children. Your tenant neighbours have the same rights and responsibilities as you.

1.5 The people who can live in your home are those you told us about when you applied for the property. If you want someone to move in with you for more than four weeks, you need to ask us first and get our permission. You must also tell us if there are any additions to your household such as a baby or adopted/ fostered children.

1.6 If there is anything you do not understand, you should contact Gateshead Council. You can also get advice from the Housing Advice Centre, Law Centre, Citizens Advice, or solicitor.

1.7 If you sign this agreement, you will become either an introductory or secure tenant, and you must comply with the conditions of the tenancy. An introductory tenancy usually lasts for 12 months, after which you will normally become a secure tenant. If we extend the introductory period, we will tell you why and give you an opportunity to request a review. A secure tenancy is usually given to those people who have already been an introductory tenant for over 12 months. We will tell you which type of tenancy you have been offered, and this will be indicated on the page you sign

1.8 If we want to make any changes to your tenancy agreement (other than increasing the rent or other payments) we will consult with you. We will give you four weeks' written notice of any intended changes.

1.9 Gateshead Council needs to collect and use information about tenants and residents so it can provide services properly. Some of this information is personal. The council knows this information is important to you and takes its responsibility seriously. It follows the rules in the General Data Protection Regulation (GDPR) and the Data Protection Act 2018. Gateshead Council is responsible for looking after any personal information it collects and uses. This means the council must keep your information safe, use it correctly, and only use it when necessary.

1.10 Gateshead Council uses your personal information to help allocate homes and to manage and improve its services. Sometimes, it needs to share your information with other organisations that work for the council. This could include companies that carry out repairs or organisations that help prevent fraud, such as credit reference agencies and the police. It may also share information with services like the fire service. These organisations must keep your information safe. The council may also share your information with other authorities, courts, or the police if the law requires it, for example during a criminal investigation.

2. Secure tenants

2.1 If during your tenancy you break any of the tenancy conditions, we may take action to end your tenancy.

2.2 If you, a member of your household or a visitor behaves or threatens to behave in a way which is capable of causing nuisance or annoyance, or using the premises for unlawful purposes, we may apply to the court to bring your tenancy to an end by seeking possession of your property. We may also use a Demotion Order. Upon granting of the order, the tenancy is replaced with a less secure form of tenancy. You will lose a number of the rights enjoyed under a secure tenancy, which includes removing the Right to Buy your home and the right to exchange.

2.3 Most council tenants have the Right to Buy. To qualify you must meet the Right to Buy criteria. The Right to Buy scheme lets you buy your council home for less than its full market value. You get a discount based on how long you've been an eligible tenant. The Right to Buy can be suspended on grounds of antisocial behaviour. It can also be suspended and ended where a home is scheduled for demolition or within a planned regeneration area.

2.4 Under your tenancy agreement you have the right to carry out improvements to your home, such as fitting a new bathroom suite or replacing kitchen units. Before carrying out any improvements or alterations to your property, you must ask for permission (which, if granted, will be given in writing). There is no charge for seeking this permission and it will not be unreasonably withheld but certain conditions might be imposed. Refer to tenant guide.

2.5 Before undertaking any alterations or improvement work, you are responsible for getting the planning and building regulations approval that is required. You are responsible for any costs involved with this work. We will have the right to inspect any work that you have done. If permission is refused you will be advised why.

2.6 You may have the right to exchange your home with another secure tenant, or certain assured tenants. You must get our written permission before you exchange. An exchange may be refused if you, or the person you want to exchange with, does not meet certain conditions. These conditions are set out by law.

2.7 You may have the right to assign your tenancy, meaning to transfer it to another person, although this is generally not allowed by law. You may be able to do so in the following circumstances: a. If you are exchanging your property with another tenant under mutual exchange. b. If a court has ordered it in matrimonial proceedings, civil partnership, or proceedings involving children. c. If the person you want to transfer it to would be qualified to succeed to the tenancy if you died. Please refer to clause 4.1 below in relation to this. It is not possible to assign a tenancy more than once.

2.8 You may be entitled to take in lodgers and sublet part of your home. You must get our written permission before doing so. This permission will not be unreasonably withheld. You are not permitted to sublet the whole of your home (please see further below as regards your obligations as a tenant).

3. Introductory tenants

3.1 You will start your tenancy as an introductory tenant unless, immediately before the tenancy starts, you are already a secure tenant or an assured tenant of a registered social landlord.

3.2 Your introductory tenancy will last for one year, which is called 'the trial period'. At the end of the trial period your tenancy will become a secure tenancy. However, your introductory tenancy will come to an end before one year, if we ask the court to make an order for possession of your property and the court makes an order. In that case, you will have to leave your property, or we will evict you if you fail to leave. (There are some special circumstances set out in section 125(5) of the Housing Act 1996 in which your introductory tenancy will come to an end before one year, but you will still be a tenant of the property.)

3.3 As an introductory tenant you do not have security of tenure (which means that we have the right to get a possession order from the court). We can get possession of your property by giving you a written notice of our intention to get possession, known as a Notice of Termination. The notice will set out our reasons for wanting possession of your property and will give a date after which we may go to court. However, you have a right to a review of our decision to get possession, and the review will be completed before the date in the notice.

3.4 Normally, we will only ask for possession of your property if you break the conditions in the tenancy agreement or if you gave us false information to get the tenancy, but sometimes we may take possession for other reasons.

3.5 If you break the conditions of your introductory tenancy or if we are otherwise legally entitled to do so, we may serve a notice on you, which will extend your introductory tenancy for a further 6 months.

3.6 By law, during introductory tenancy you do not have the same rights as a 'secure tenant.

3.7 During your introductory tenancy period you cannot do the following:

apply for the Right to Buy your home (although the introductory period will count towards any discount allowed under the Right to Buy in the future)
sub-let part of your home
exchange your home with another tenant
carry out alterations or improvements to your home
claim compensation for improvements
take in lodgers
assign your tenancy unless it is to further an order of the Court, or it is to a person who would be qualified to succeed to your tenancy if you had died immediately before the assignment.

3.8 Introductory tenants do have the right to one statutory succession for a husband, wife, partner, civil partner or other family members upon the death of the tenant.

3.9 Any successor to the tenancy will become an introductory tenant for the remaining time left on the original tenancy.

3.10 Introductory tenants have the right to information about the terms of their introductory tenancies, the landlord's repairing obligations and other provisions.

3.11 The people who can live at your property with you are those you told us about when you applied for the property. Although you must have our permission to take in a lodger, you do not need our permission when someone comes to live with you if you do not intend them to live with you for more than four weeks. If you intend them to live with you for more than four weeks you must ask for our permission, which we may refuse. If, at any time, you are not sure how long they will live with you, you should get our permission immediately.

4. Rights for both secure and introductory tenants

4.1 You have the right to live in your home without interruption or interference from us, as long as you, those living with you, or anyone visiting your home comply with the terms of this tenancy and have respect for the rights of others. If any of the conditions are broken, we may apply to the court to end your tenancy.

4.2 Your husband, wife, partner or civil partner may be entitled to have your tenancy passed to them upon your death (this is called 'succession') provided that:

They are living in the property as their main or only home at the time of your death
You did not get the tenancy as a result of a previous succession or assignment.

4.3 Other family members may be entitled to have your tenancy passed to them upon your death provided that:

They have lived in the property as their main or only home for the 12 months immediately before your death
They are living in the property as their main only home at the time of your death c) You did not get the tenancy as a result of a previous succession or assignment.

4.4 If there is more than one person entitled to succeed the tenancy as a partner or civil partner and they cannot agree who will take over the tenancy, then the council will decide who to give the tenancy to.

4.5 A succession can only take place once for a secure tenancy.

4.6 If you are eligible to succeed to a tenancy, but the property type is bigger than the needs of your household, you may be required to move to more suitable alternative accommodation. If you do not accept that offer, we have the right to ask the Court to give us possession of the property

4.7 You have the right to have certain repairs completed on time. Timescales for completion of repairs are available.. In some cases you have a legal 'right to repair'. You may be able to get compensation if certain repairs are not done on time. Call the Repairs team on 0800 408 6008 for more information.

4.8 You have a right to information. If you ask, we must give you a current summary of the rules on the council's Allocations Policy. You can also ask for a copy of the full Allocations Policy. If you ask, we must give you a copy of the details you have given us about yourself and your family in your application for a tenancy or transfer. You have a right to add your own comments to these details.

4.9 You have the right to be consulted about any proposals for changes to the way we manage, maintain, improve, demolish, sell, or transfer council properties, or changes to do with services or facilities for council tenants. It does not include rent or any other charges.

See the Allocations Policy for more information on succession.

5. Security of tenure

5.1 This agreement gives you the right to live in the property without undue or unnecessary interference from us. We will not interfere with your right to quiet enjoyment of your property save for in the following circumstances (this is not an exhaustive list):

You break any of the conditions in this agreement.
You commit a criminal offence in or in the locality of your property.
We require access to your property in order to enforce any of our rights as landlord either under this agreement or under the law.
We built or adapted your property for a person with physical disabilities, and you no longer need that type of home, and we need your property for someone else with disabilities.
We need to survey, renovate or carry out a major repair to your property which we cannot do unless you move out.
If, for any reason, you ceased to use the property as your only or principal home. In these circumstances we may treat the property as abandoned and your tenancy can be ended via service of a valid Notice to Quit. Abandoning the home could mean that you may not be entitled to another home with us - for example, you have left with rent arrears or damaged the property.
You sublet, receive rent for all or part of your property, from someone else without our express consent.
There is any other reason under any law, whether in force now or enacted in the future, or any term of this contract, which allows us to interfere with your rights to live in the property.

5.2 If any of the above applies, we might take legal action against you to end your tenancy. For example, we might apply to the court for a demoted tenancy (if you are a secure tenant) or an injunction. This may be because:

Any of the grounds for possession listed in Schedule 2 of the Housing Act 1985 apply
The mandatory antisocial behaviour ground for possession under s.84A of the Housing Act 1985 is satisfied
If you have ceased to occupy the property as your only or principal home and we have served you with a Notice to Quit
You have been served with a notice to terminate your tenancy during the introductory period.

5.3 If we should take legal action to recover possession of the property, you may be responsible for our legal costs of any action taken.

Complaints

How to complain if you feel we do not meet our responsibilities as outlined in this tenancy agreement.

6. Our responsibilities

6.1 Contact our housing team if you have any problems with your tenancy. If it is not resolved, we have a complaints procedure. If you feel that we have broken this agreement, you may complain to the council. You can obtain independent advice from a Citizens Advice Bureau, a Law Centre or from a solicitor. You can also complain to your local councillor or the Local Government or Housing Ombudsman.

6.2 You will be given at least four weeks' written notice before any changes to your rent or other payments are made.

6.3 The structure of your home is insured by us. It is your responsibility to insure your home contents.

6.4 We will maintain the structure exterior and commons parts of the dwellinghouse including the drains, gutters and external and rainwater waste pipework. We will keep in repair and proper working order:

The installation for the supply of water, gas, electricity and for sanitation and rubbish disposal including basins, sinks, baths and sanitary conveniences but not including fixture fittings and appliances for making use of the supply of water, gas and electricity.
The installation for space heating and heating water
The lift service and other communal amenities where there are provided.

6.5 We will carry out those repairs which are the council's responsibility within a reasonable period of time. The council is not required to carry out any works or repairs for which you are liable under the terms of the tenancy or by any statute or other legal provision.

6.6 If you apply to buy your home we will continue to arrange these repairs until you have bought your home but will not carry out any improvements.

6.7 We will arrange the maintenance and repair of any shared areas around your home.

6.8 We will keep in repair any furniture we rent to you with the home.

6.9 We will give you help and advice if you tell us that you are the victim of antisocial behaviour.

6.10 If we decide to change the terms and conditions of this tenancy agreement, we must give you 28 days' notice before carrying out these changes. This gives you the opportunity to end the tenancy before the changes come into effect if you choose to do so.

7. Rent and other payments

7.1 Your rent and other payments are due on Monday of each week, and you must pay them on time. If you wish to pay your rent over longer periods - for example monthly or fortnightly - then you must pay your rent in advance.

7.2 Other payments may be included in the rent and are due at the same time as your rent payments, such as water rates, sewerage charges, service charges, and furniture charges. A breakdown of your rent will be given to you when you sign the tenancy agreement.

7.3 The rent year starts the first Monday in April. This may be a 52 or 53-week year. No refund of rent is given in respect of any 'non collecting weeks'. If you have rent arrears you are required to continue with your rent payments on any non-collecting weeks.

7.4 If this is a joint tenancy each tenant is equally responsible for the payment of the whole of the rent and any payments due.

7.5 If you receive Housing Benefit or Universal Credit you must tell the council's benefit section or DWP for Universal Credit immediately of any change of circumstances that may affect your entitlement to it.

7.6 We may change your rent at any time. We will write to you before the change. We will still change your rent even if you do not receive this notice. The changes are usually made in April each year.

7.7 When your tenancy ends you must immediately pay any rent, other payments or costs you owe relating to this tenancy.

7.8 We may deduct any money you owe us from any money we owe you.

7.9 You must contact us if you are having any difficulties paying your rent, or any other payments. We can provide advice and practical assistance in more serious cases.

7.10 If you do not pay your rent or other associated charges, we may go to Court and ask for you to be evicted from your home. The Court may order you to pay our costs.

7.11 We have the right to charge you for any new service provided to your home. The cost will be charged as part of your rent, or separately. We will write to you before the change.

7.12 There are several convenient ways to pay your rent, including Direct Debit or Standing Order.

7.13 If you claim Housing Benefit, it is your responsibility to make the claim with the council and provide the necessary documents and proof of identity within the timescales required.

7.14 If you claim Universal Credit, it is your responsibility to update your online journal with your housing costs, and to make sure they are included in your claim.

7.15 If you claim Housing Benefit or Universal Credit, you must also report any change of circumstances immediately as they could affect your claim. This includes any changes to service charges that may be part of your rent.

7.16 You may lose your entitlement to receive Housing Benefit or Universal Credit if you don't move into the home at the start of your tenancy. In those circumstances you will still be charged the full rent.

7.17 If you allow a friend or family member to use your address as a correspondence address, this could affect your Housing Benefit or Universal Credit housing costs. It could mean they stop entirely.

7.18 If you claim either Housing Benefit or Universal Credit Housing Costs and plan to go on holiday, please advise the benefit section or the DWP as otherwise, your benefit entitlement could stop for the period you are away.

7.19 If you have rent arrears and move away from your tenancy, including if you are evicted, you will not normally be entitled to another property until you pay the amount that is owed.

Please note: These conditions explain the rules on paying your rent, changing your rent and dealing with rent arrears.If you are joint tenants, you are each responsible for paying all rent due. An individual joint tenant can set up a Direct Debit to ensure that future rent payments are made on time. If you have rent arrears, any individual joint tenant must pay the money that is owed. You are both responsible for ensuring that rent is paid, even if one of you has left your home. You may lose your tenancy if you do not pay your rent when it is due. If legal action is taken that leads to you being evicted, you may not be able to get another council tenancy in future. If you are having difficulties paying your rent it is important that you contact us as soon as possible.

How we can help:

Make arrangements with you so you can pay off the rent arrears
Give help and advice on benefits you can claim
Give help and advice on budgeting and debts
Refer you to specialist debt advice services.

How to pay:

Direct Debit is the easiest way to pay your rent
Setting up a Direct Debit is simple and there are choices about when you pay
Contact us if you are unable to pay by Direct Debit or would like to discuss alternative payment methods.

Changes to your rent or service charges:

At the start of each year, we will review your rent for the coming financial year. This runs from April to the following March
We will tell you, in writing, at least four weeks before we do this
If you are required to pay service charges, you will be consulted before the charges are introduced
Service charges seek to recover the costs of the serviced delivered.

8. Repairs and maintenance

8.1 You must always keep the dwellinghouse and other fixtures and fittings in a clean sanitary and wholesome condition and free from vermin and maintain the interior of the dwellinghouse in a good standard of decoration and repair.

You should take reasonable steps to help prevent condensation and mould by:

Heating your home adequately, especially during colder months
Keeping rooms ventilated (opening windows, using extractor fans)
Avoiding drying clothes on radiators or inside rooms without ventilation
Covering pans when cooking and keeping kitchen/bathroom doors closed when in use
Wiping down any moisture that appears on windows, walls, or surfaces.

8.2 You shall pay to the council the costs of any repairs to the dwellinghouse and the sanitary and other fixtures and fittings and of the unblocking of drains arising from your neglect, damage or misuse (whether intentional or otherwise).

8.3 You shall report to the council as soon as possible all repairs and damage to the dwellinghouse and to the fixtures and fittings therein which are the responsibility of the council.

8.4 You must take proper care of your home and report any faults or damage immediately. If arrangements have been made to visit your home to carry out a repair, you must keep the appointment.

8.5 You have the right to have certain repairs completed on time. In some cases, you have a legal 'right to repair.' Timescales for completion of repairs are available in our Repairs and Maintenance Policy.

8.6 You or any member of your household must make sure your property is safe for anyone accessing for any lawful reason, including gaining access to roofs and loft spaces.

8.7 Where written permission has been granted for alterations your home, the council as Landlord accepts responsibility and will carry out all repairs in line with our Repairs Policy. Repairs and or replacements will be completed to our standard specifications and not like for like.

8.8 You will be charged for the cost of repairing any damage caused to the home by you, or anyone living with you or visiting your home.

8.9 You are responsible for carrying out minor repairs necessary to maintain your home such as unblocking your sink or changing a light bulb. Full details of tenant responsibilities are set out in our Repairs Policy.

8.10 If you apply to buy the property, we will comply with the provisions of section 11 of the Landlord and Tenant Act 1985. We will not carry out any improvements to your home. As soon as the ownership of the property passes to you, our repair responsibilities end.

8.11 Any furniture, appliances, carpets or curtains provided with your tenancy are part of your home. You must keep these in good condition and must not damage or remove them otherwise you will be charged for any repairs or replacement. Any items that are not part of your tenancy will be highlighted to you in writing and will be your responsibility.

8.12 You must permit the duly authorised officers, agents and operatives of the council and of gas, water, electricity and any other public utility undertaking and any other authorised body to enter the property at all reasonable hours for any purpose required to exercise their statutory or other bona fide duties.

8.13 You must give reasonable access to your home to enable repairs, improvements, servicing, tenancy visits or inspections to be carried out. It is important that we are allowed access to carry out the essential annual Council Gas Safety Check and periodic Electrical Safety Checks (completed every 5 years). In respect of high-rise buildings this includes statutory inspections of flat front doors; both internal and external. This is a health and safety requirement, and legal action might be taken if you unreasonably refuse access into your home for these purposes.

8.14 It is your responsibility to allow reasonable access for us to carry out the Annual Gas Safety Check to keep you and your neighbours safe. If you do not allow access, we will apply to the court for a warrant to enter your home and carry out the work. We will charge you for any court costs incurred and charge for any additional visits.

8.15 If the property has an external gas meter and you unreasonably refuse access for us to carry out the Annual Gas Safety Check and any gas repairs, we will cap the gas meter. Access for this purpose must also be given to statutory undertakers (such as British Gas, Northern Gas Networks (NGN) Northumbrian Water and Northern Power Grid (NPG).

8.16 You must obtain our written permission before you carry out any gas or electrical work at your home. There is no charge for seeking this permission. Any gas or electrical work must be carried out by a qualified and competent contractor. You must provide copies of gas or electrical certification for verification and to ensure compliance. Copies of your compliance certification can be provided electronically via email to: [email protected] or [email protected].

8.17 You are responsible for testing any battery operated smoke detector and ensuring it is always in good working order. You must not tamper with or damage smoke detectors.

8.18 You must not do anything in the home that might cause a danger to anyone in the home or in the local area. You must not tamper with any electrical, gas or fire safety equipment, including allowing holes to be made through fire doors, door frames or wall panels.

8.19 You, or anyone living with you or visiting you must not tamper with the supply of gas, electricity or water, any other services, meters, fire doors, auto closers, smoke detectors, consumer unit (fuse board), carbon monoxide (CO) detectors or any Care Call equipment that has been installed in your home. There should be free opening and closing of fire doors. You will be charged for any damage caused.

8.20 You must allow the Fire Service access to your home to carry out a home Fire Risk Assessment.

8.21 At least 24 hours' notice will be given if your home needs to be inspected. In the case of an emergency, immediate access will be required.

8.22 If you refuse access to the council, its employees, its agents or its contractors having been given reasonable notice, you may be charged the council's reasonable costs incurred for the failed appointment.

Employees who visit your home will be wearing Gateshead Council I.D. badges. Please remember to check a caller's I.D. before allowing them into your home. If you are in any doubt you can call us on 0191 433 5353 to check if callers are genuine.

Please note: We aim to provide quality homes and customer-focused services within Gateshead. Delivering cost-effective repair solutions plays a key part in our decision-making within the repairs and maintenance service. Our Repairs Policy sets out the services that customers can expect from our repairs and maintenance service, including the responsibilities of us and our customers. The policy sets out how we will meet our legal and regulatory duties as a landlord in respect of repairing and maintaining our housing stock. Repairs and Maintenance Policy

You are responsible for some repairs including:

Sinks, handwash basins and baths unblocked
Renew plug or chain to sink, handwash basin and bath
Replacements, repairs and adjustments to toilet seats (unless provided as part of an adaptation)
Shower curtains (unless provided as part of an adaptation)
Divisional fencing between two council homes
Minor gate repairs including latches, locks and bolts
Minor cracks in wall plaster
Repair doorbell (excluding communal door access systems)
Minor repairs to kitchen cupboards and drawers
Connection and disconnection of gas cookers (unless deemed necessary during our works) •
Repairs to internal door handles (excluding bathroom door)
Replacement keys
TV aerials, broadband connections and Sky or Virgin Media installs (unless communal)
internal decoration
Battery operated smoke alarms (changing of batteries)
Repair or replace fuses
Washing poles (excluding in communal areas)
Rotary driers (excluding in communal areas)
Garden paths, patios and sheds not provided by Gateshead Council
Removal of all floor covering prior to work starting and reinstatement upon completion of work (includes carpets and laminate flooring)
Decorating the inside of your home. This includes repairing minor cracks in plaster work and preparing surfaces so they can be painted or papered.

These repairs should be carried out or arranged by you, using competent and qualified tradespersons where applicable. You must report any vandalism or criminal damage caused by other people to your home otherwise we may charge you for any repair work. We will insure the structure of the building as well as our fixtures and fittings. We will not insure for deliberate or accidental damage that you or your family cause. You are responsible for taking out your own insurance to cover damage to your belongings and decorations and any third-party liability if there is a fire, flood or other accident. We can help you arrange home insurance cover. Contents insurance

Access

We need to carry out gas safety checks (annually) and electrical safety checks (every 5 years). In respect of high rise buildings this includes statutory inspections of flat front doors, both internal and external. This is a health and safety requirement, and legal action might be taken if you unreasonably refuse access into your home for these purposes. You could put lives at risk if you do not let us into your home. We may need to force entry without giving you notice if, for example, there is a burst water pipe, a gas leak or an electrical fault which may put people in danger, or which would cause more damage to the property if we did not repair it. In these circumstances, we will try to contact you or your relatives if possible before we force entry. We may have to move you from your home, either temporarily or permanently, because the property needs major repair work, demolishing or redeveloping. Under these circumstances, we will usually offer you other accommodation, compensation and help with moving costs. If you refuse access to the council, its employees, its agents or contractors having been given reasonable notice, you may be charged the council's reasonable costs incurred for the failed appointment.

9. Living in your home

Your general responsibilities

9.1 You must use this home as your only or principal home.

9.2 You can keep your home for as long as you want unless there is a legal reason why we can take it back. Please refer to section 5 above for the circumstances in which we may seek possession of your property. You may be liable for our legal costs if action is taken to repossess your property or an injunction, demotion order, or an order suspending your Right to Buy is made against you. If you lose your 'right to rent' in the UK, you must notify us immediately.

9.3 If tenancy enforcement action is taken against you due to antisocial behaviour, this may lead to your secure tenancy being demoted to an introductory tenancy by the Court. This would reduce your rights as a tenant. See sections two and three.

9.4 You must inform us if you are going to be absent from your property for a period in excess of 28 days. You must inform us of any person who is looking after the property in your absence, their name, age, and their relationship to you. Failure to do so may result in our abandonment procedures being engaged.

9.5 You or anyone living with you or visiting the property must not run a business or trade from your home without first obtaining our written permission. Permission will not be unreasonably withheld. There is no charge for this permission.

9.6 Any furniture, appliances, carpets, or curtains provided with your tenancy are part of your home. You must keep these in good condition, and must not damage or remove them, otherwise you will be charged for any repairs or replacement.

9.7 You must not do anything in the home that may cause a danger to anyone in the home or in the local area.

9.8 You must not throw anything through or out of the windows of your home, or from balconies or roofs or any other communal areas adjacent to your home.

Decoration and hygiene

9.9 You must keep your home neat, tidy, and clean. You are responsible for the internal decoration of your home.

9.10 You must dispose of your rubbish properly in line with the council's requirements, otherwise you may be charged for any clearances required. This includes any bulky or unusual items.

9.11 You must report to the council the presence in your home of rats, cockroaches or other vermin or pests.

9.12 You must not leave syringes or other sharp items in areas where people may come into contact with them. You must dispose of used syringes safely.

Gardens

9.13 You must keep any grass, lawns, and hedges at your home neat and tidy. Any failure on your part to maintain your garden should not infringe on others' right to light.

9.14 You must keep your garden tidy and free from rubbish and debris, otherwise you may be charged for clearances, including a garden tidy up. We will advise you of the costs before undertaking the work.

9.15 You must not, without our written consent, which shall not be unreasonably withheld:

Erect or allow to be erected at the dwellinghouse or any part thereof any aviary, greenhouse, shed, hutch, kennel, or poultry house or any other fixed or portable structure whatsoever.
Stand or suffer to stand within the boundaries of the dwellinghouse any motor vehicle, caravan, or boat.
Make any improvements to the dwellinghouse. Improvement means any alteration in or addition to the dwellinghouse and includes any addition or alteration in the council's fixtures and fittings and any addition or alteration connected with the provision of any services to the dwellinghouse. It includes the erection of any wireless or television aerial and the carrying out of external decoration.
Install or affix any CCTV camera, video doorbell or other surveillance equipment to the property.

9.16 You must not plant large types of trees without our written permission.

9.17 You must keep all gullies, entrances to drains, external air bricks, and vents clear and free from obstruction.

9.18 You must not allow any hedge to exceed two metres in height or overhang roads, pavements, or neighbours' gardens.

9.19 You must not attach any barbed wire, broken glass, or other material to your home that may cause personal injury.If you cannot look after your garden due to your age or disability, contact us about our garden tidy scheme.

Shared areas

9.20 You must ensure that no obstruction or hazard is caused on communal landings, staircases or in corridors. Where cleaning services are not provided by the council, you and those that you share communal areas with have a responsibility to keep these areas clean and free from hazards.

9.21 You must co-operate fully with any measures we take to protect the security of your home, and you must keep all shared doors closed and secured as appropriate.

Pets and animals

9.22 Where the dwellinghouse is situated in a block of flats, or in any case where the dwellinghouse does not include direct access onto an exclusive and enclosed garden or open area, you must not keep, permit to be kept or bring into the dwellinghouse any swarming insects and animals other than a small caged bird, caged rodent or small aquarium. No dogs, cats or other pets will be permitted in properties where the dwellinghouse occupied does not have its own direct access to an outside area.

9.23 In the case of any other type of dwellinghouse, you must not keep or permit to be kept or brought onto the premises any animal without the prior written consent of the council, other than where the keeping of pets is to be confined to one domestic dog, one cat, a small, caged bird or caged rodent or small aquarium. In any other case, consent will be at the discretion of the council, but permission will not normally be given for the keeping of pigeons and swarming insects. The right to keep any pets in the dwellinghouse under this Agreement is conditional upon the pets being properly supervised and kept under control so as not to cause noise, annoyance or nuisance to neighbours, visitors and members of the public and so as not to roam free or foul estate property.

9.24 You must not keep, permit to be kept or brought onto the premises any animal which the council deems to be unsuitable in accordance with the definition below. Unsuitable animals include the following, but are not limited to all wild animals, all poisonous insects and spiders, all poisonous snakes or fish, all large reptiles. You may ask us for written permission to keep more than one dog or cat, or other animal. You are not allowed to keep any breed of dog banned under the Dangerous Dogs Act 1991. We do not accept requests to keep XL Bully breeds of dog unless there is a valid legal certificate of exemption in place that permits the keeping of an XL bully dog. Your animals must not cause a nuisance, annoyance, or concern to anyone in the local area including any employee or agent of Gateshead Council.

Please note: We do not want to stop you keeping animals, but you must make sure that they do not cause a nuisance. You must ensure that your pets are looked after, and you must clean up after them. If we are aware that an animal in your care is being mistreated this will be reported to the RSPCA or Police.

Vehicles and access

9.25 You can only park a vehicle within the boundaries of your home if there is a garage, driveway, or car hard standing with an appropriate drop kerb entrance.

9.26 You must obtain our written permission before building a garage, car hard standing, or driveway. There may be a charge for any associated planning and building regulation applications.

You or anyone living with you, or visiting your home, must not:

9.27 Carry out major repairs to any vehicle within the boundaries of your home, on the highway, or in any other public or shared area.

9.28 Receive any type of payment for repairing any vehicle at the home. If we suspect that you are being paid for repairing a vehicle, we may ask you to prove that you own the vehicle.

9.29 Obstruct access to any other home by parking inconsiderately. This includes any bikes or scooters in your possession.

9.30 Keep vehicles, for example, motorbikes, inside the dwelling or in the shared areas, except the keeping of a pedal bike inside the property. You need written permission from Gateshead Council before operating, storing or charging a battery powered scooter (including mobility scooters used by the elderly and disabled) in your home or in shared areas connected to your property.

9.31 Park or drive a vehicle on any open-plan area, footpath, or grass verge.

9.32 Park any motorhome, caravan, boat or business vehicle (other than a small van) at your home or on any land owned by the council without our written agreement.

Please note: We know that vehicles can cause problems, and we hope the conditions above will reduce these issues as far as possible. If you have any difficulties involving vehicles that you are unable to sort out, you should discuss the situation with your Neighbourhood Housing Officer to see if we can work out an acceptable solution. Please behave in a reasonable and neighbourly way if there is a limited number of parking spaces. You must ensure that your vehicle does not cause damage to grassed areas or is parked inconsiderately. You need our permission, in writing, if you want to create a parking area in your garden.

Combustible materials

9.33 You, or anyone living with you or visiting you must not interfere with any equipment for detecting or putting out fires in the home or in communal areas.

General fire safety advice

9.34 Check your smoke alarm regularly. If it has a battery, remember to check if it needs changing.

9.35 Chip pans are the main cause of house fires if left unattended. Caution is advised when using chip pans and deep-fat fryers.

9.36 Take care when using candles in the home - do not leave them unattended. Place them on fire retardant surfaces away from flammable material.

9.37 Always keep matches and lighters out of the reach of children.

10. Furniture

We may rent furniture to you as part of the Furniture Leasing Scheme.

10.1 The furniture always remains the property of the furniture provider.

10.2 You, your family, or anyone visiting your home, must not do the following:

Sell, rent or give away or otherwise dispose any of the furniture
Deliberately damage or vandalise the furniture
Remove any of our furniture from the home without our written permission.

If you do, we may charge you for any repairs or replacement.

10.3 You must allow our employees and contractors to enter the home at reasonable times after we have given reasonable notice to inspect or service the furniture and equipment provided.

10.4 At the end of tenancy, you will make sure all the leased furniture is collected by the furniture provider. If the furniture is not collected before the tenancy ends or if there are missing/damaged items, this may result in additional furniture charges, and we may recover these costs from you.

10.4 If you do not take care of the furniture or deliberately misuse the items, you may be excluded from the scheme and denied any future replacements.

10.5 If you do not take care of the furniture or deliberately misuse the items, you may be excluded from the scheme and denied any future replacements.

10.6 If you get into difficulty with paying your rent, we have the right to remove the furniture package to help reduce the weekly amounts payable on your account.

10.7 There is a weekly leasing charge for the furniture which is your responsibility to pay.

Leasing furniture

Council tenants may be able to access our Furniture Leasing Scheme subject to eligibility. Referrals can be completed when signing up to a tenancy, or existing tenants can contact the Furnished Tenancy Team to discuss whether they are eligible. If your request for furniture is approved, you will be required to sign a Furniture Leasing Agreement, and the Furnished Tenancy Team will contact you to arrange delivery.

11. Living in your community

11.1 You are responsible for the behaviour of every person (including children) living in or visiting your home. You are responsible for them in your home, shared areas and in the locality of your home.

11.2 You, or anyone living with you or visiting your home must not do anything that causes or is likely to cause a nuisance or annoyance to any person residing, visiting or engaging in a lawful activity in the locality. Examples of unacceptable behaviour include but are not limited to:

Shouting or persistent arguing
Drug and alcohol abuse
The use, production or supply of illegal substances
Loud music or making any other noise that can be heard by others inside their homes
Banging or slamming doors
Trespassing into a neighbour's property or onto a neighbour's land
Failure to maintain your garden h. Repairing vehicles
Rubbish dumping, fly-tipping, littering or lighting fires
Allowing rubbish to accumulate in or around your home
Not keeping your pets under control/ allowing your dog to bark or foul
Throwing things from windows or balconies
Riding motorcycles, trail or quad bikes anywhere other than the public highway, or designated areas
Playing ball games close to properties
Being drunk and disorderly in public in the vicinity of your property
Skateboarding and cycling on footpaths and balconies
Breaking shared security, for example allowing strangers to get into the building
Writing graffiti
Domestic abuse.

If we are aware of domestic abuse against you or a member of your family, we will notify the Police and any relevant council services. We will consider action against the perpetrator in every case reported, to protect the household and the wider community. Domestic abuse can be defined as: 'Any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those aged 16 and over who are, or have been, intimate partners or family members regardless of gender and sexuality. The abuse can encompass but is not limited to psychological, physical, sexual, financial, emotional'.

Prostitution
Dealing in pornography
Urinating outside your home or your neighbour's home.

11.3 You, member(s) of your household, and/or guests or visitors to your property shall respect the rights of other tenants and occupiers of adjoining properties and members of the public and shall not do, or permit to be done, in the dwellinghouse or in any part of the estate where the dwellinghouse is situated anything which may cause injury, discomfort, nuisance or annoyance, harassment, alarm or distress to others. This includes the repair of any vehicles and the inconsiderate parking of vehicles in the vicinity of the dwellinghouse. It also includes behaving or using words (or permitting behaving or using words) which are threatening, abusive or insulting, or causing or permitting harassment because of colour, race, creed or ethnic or national origin.

11.4 Verbal and/or physical aggression towards council employees or any person acting on the council's behalf will not be tolerated and legal action will be taken. Please note that this is inclusive of in person, over the phone, via email, via any other electronic means or via any social media channel or website.

11.5 You must treat others in and around your neighbourhood with dignity and respect. You must not behave in a discriminatory way towards others because of their age, race, sexuality, sex or any protected characteristic under the Equality Act 2010.

Consequences of antisocial behaviour

11.6 We will use the powers available to us to tackle antisocial behaviour if you breach your tenancy conditions. These include:

Taking legal action against you for possession of your home or seeking an injunction order against you or the perpetrators of the antisocial behaviour in order to restrain it. A possession order could result in you losing your home and not being able to get another council home.
Seeking a closure order, whether full or partial, over your property, under s.80 of the Anti-Social Behaviour, Crime and Policing Act 2014.
Serving you with a community protection warning notice and/or a community protection notice, breach of which can attract criminal penalties.
Extending your introductory tenancy if your conduct consists of or includes antisocial behaviour.
Demotion of tenancy if your conduct consists of or includes antisocial behaviour. If this happens you will lose your Right to Buy your home and the right to exchange.
Refusing a request for a mutual exchange if your conduct consists of or includes antisocial behaviour.
Suspending your Right to Buy if your conduct consists of or includes antisocial behaviour.
Taking any other action which we are permitted to take by law whether in force now or enacted in the future.

11.7 Antisocial behaviour includes you or your household members playing loud music, shouting, fighting, hosting noisy parties, drug dealing, using the property for unlawful or immoral purposes, or committing criminal offences in the locality. This list is not exhaustive.

Please note: You are expected to be considerate and respectful towards your neighbours, your community, and our staff and contractors.You are also responsible for the behaviour of people who live with or visit you (this includes your partner, children, friends and family). You must not commit criminal offences in or around your home. Examples of behaviour which would breach this condition: excessive noise; verbal abuse; threatening or violent behaviour; harassment or hate crime; drug use, supply or cultivation (including cannabis); storing stolen property in your home.

If you breach these conditions, you could face legal action including eviction.

You should contact us if you are experiencing problems with your neighbours or suffering from antisocial behaviour in your area. If you are the victim of or witness to a crime you should report this to the Police on 101 (or 999 in an emergency).

12. Ending your tenancy

12.1 If you wish to bring the tenancy to an end, four weeks' notice (28 days), expiring at noon on a Monday, must be given in writing to the council. Vacant possession in tenantable repair and condition must be given before or on expiry of the said notice. This means that the property must be emptied of all of your belongings, and all other people. Nobody should be left residing in the property once your termination period ends.

12.2 We may, at our discretion, accept less than 28 days' notice to end your tenancy. This will be dependent upon the circumstances and the reason you seek to terminate the tenancy and will be assessed on a case-by-case basis.

12.3 You must return all keys and electronic fob keys (if provided) for the property to us, no later than 12 noon on the last day of your tenancy. You will be responsible for further rent if we do not receive your keys and fobs on time, and for any damage caused if you leave the house unsecured.

12.4 You will remain responsible for the obligations of this agreement until such time as the council is given vacant possession of the property (meaning the property is empty of all persons and personal belongings). This includes payment of the rent and includes obligations regarding access to the property for purposes of inspection.

12.5 You must leave your home in a neat and tidy condition. You must make good any damage to your home before you move. If you do not do so, you will be responsible for any costs incurred in repairing the damage.

12.6 You must remove all your possessions, animals, rubbish, and private papers. If you do not do so, we will charge you for any removal and storage costs incurred, and the cost of looking after any animal you leave in your home. Any belongings that are not removed by you will be disposed of after you have been given reasonable opportunity to collect them.

12.7 You must report all repairs that are needed at the home (before you leave) and replace or repair broken items that belong to us. If you do not, we will carry out the work and charge you for doing so.

12.8 If your tenancy is a joint tenancy, it may be ended by either party giving notice in accordance with clause 12.1 above. Any such termination notice will be effective against the joint tenant, whether they agree to end the joint tenancy or not.

12.9 You must make sure all fittings and fixtures you have installed, and are removing from the home, are replaced with the existing fittings before you leave. If you do not, we may carry out the work, and if so, will charge you for doing so.

12.10 You must remove any greenhouse(s), shed(s), kennel(s) and so on, before leaving the home, and must reinstate the land to our satisfaction. If you do not we may carry out the work and will charge you for doing so.

12.11 We will ask you to allow us reasonable access to show potential tenants around your home during your notice period.

12.12 Your home may be advertised on Gateshead Home Choice before you leave your home.

Please note: If you hand in your notice to end your tenancy and then change your mind, we do not have to give you the tenancy back.

If a tenancy is in joint names, both tenants should sign the Notice of Termination when they decide to leave. However, one joint tenant can give notice which binds the other, even without his or her permission.

The law says that ending a tenancy in this way is valid against the other tenant if it is done properly. If you give us notice in this way, we do not have to rehouse either of the joint tenants, although we may do so in some circumstances.

We will need to inspect your home before you leave. This will be arranged during the notice period. If we cannot get into your home after your notice has ended, either because you have not returned the keys or have not left the property empty, we may claim compensation for any loss we suffer.

If you have difficulty moving items of furniture or rubbish when you leave, please contact your Neighbourhood Housing Officer for advice. The council has a scheme for removing bulky household items.

When you end your tenancy, you must not leave anything behind, including rubbish, unless you have agreed to do so with your Neighbourhood Housing Officer. If you leave anything inside or outside your home we will charge you for removing this.

When you end your tenancy, you must pay the council for repairing any damage which you, or anyone in your household, has caused deliberately or by neglect. You will not have to pay for normal wear and tear.

13. Tenancy fraud

13.1 Tenancy fraud is when people are living in our homes without the right to do so or make false statements to get a tenancy, or when making an application to buy a council home. It's against the law and a breach of your tenancy agreement. It also denies homes to those most in need.

13.2 The different types of tenancy fraud are:

Obtaining housing by deception - where a person gets a home by giving false information on their housing application.
Giving false statements about your personal circumstances.
Illegally occupying a home or not telling us about moving.
Unlawful subletting - where a tenant rents out their home without our knowledge or permission.
Wrongly claimed succession - where a resident dies and someone without entitlement tries to take over or succeed to the tenancy.
Giving false information in a Right to Buy application.
Key selling - where a resident is paid to pass on their keys in return for a one-off payment.
Unlawful assignment - where a resident stops using their tenancy as their main home and allows another person to live there without our permission.

13.3 We carry out regular tenancy checks to make sure that the right people are living in our properties. We can do this with or without notice. We work with other social landlords and statutory agencies to detect fraud. We check all applications for housing, assignment, succession, mutual exchange and Right to Buy, to make sure that they are correct. If there is evidence that you have committed any type of tenancy fraud then legal action will be taken, and you could lose your tenancy. You may also be subject to criminal proceedings.

Report suspected tenancy fraud

13.4 If you suspect that someone may be committing tenancy fraud, such as illegally subletting their council home, we would like to know about it. Illegally subletting a council home is a criminal offence. If you suspect someone is illegally subletting or wrongly claiming for a tenancy, please report it, giving as much detail as you can.

14. Service of notices

14.1 We may serve any notice, whether statutory or otherwise, by delivering it to your last known address. This includes hand delivery or sending it via post.

14.2 The council's address for service of any notices by you is: Gateshead Council, Civic Centre, Regent Street, Gateshead, NE8 1HH.

Requesting written permission

14.3 You need written permission from Gateshead Council to comply with some conditions in this agreement. Requests for written permission should be made in writing to Gateshead Council or email [email protected].

14.4 Even if we give our written permission, you may still need to get planning permission and comply with building regulations. We may withdraw our permission if a nuisance is caused, if the alteration or addition becomes unsightly or a danger, or if the structure of the home is damaged.

15. Definitions

Animal - includes livestock, bird, insect, reptile, spider, fish, or mammal.

Antisocial behaviour - an act, or failure to do something which causes or is likely to cause, nuisance, annoyance, harassment, alarm or distress to anyone.

Assignment - a method for transferring your tenancy to someone else. The law does not allow you to assign your tenancy, except if you exchange your home with another council or housing association tenant. If there are legal proceedings in matrimonial cases, your tenancy can be assigned to your spouse, partner or civil partner following a Court Order. You can assign your tenancy to someone who would qualify to succeed to your tenancy (for 'succession') if you had died immediately before the assignment.

Exchange - to swap tenancies with another council or housing association tenant.

Fixtures and fittings - for example, kitchen units and appliances, sanitary ware, plumbing, shower and heating systems, electrical circuits, sockets, switches, lamp holders, doors, locks, glazing, fitted wardrobes and shelves, fires and surrounds, aerials, sheds, conservatories, and garages.

Garden - Lawns, hedges, flowerbeds, trees, shrubs, outside walls, fences, paths, and yards.

Home - the whole of the property let to you under this agreement, including the house, any garden, any garage within your garden, but not including shared areas.

Improvement - Any alteration or addition to the home.

Landlord - Gateshead Council.

Lodger - a person who pays you money to let them live in the home with you.

Neighbour - includes everyone living in the local area, including other tenants, people who own their own homes, and local businesses.

Non-collecting weeks - This is where the annual rent has been divided over fewer than 52 or 53 weeks, to give tenants 'rent free weeks'.

Partner - a person you live with as husband/wife.

Relative - a parent, child, grandparent, grandchild, brother, sister, uncle, aunt, nephew, niece, step relative, and adopted child.

Rent - payment made by a tenant for occupation of the home.

Shared areas - the parts of the building which all tenants or any other person can use, for example halls, stairways, entrances, landings, shared gardens, lawns, and landscaped areas.

Sublet - allowing another person to live in part of your home with agreement from Gateshead Council.

Succession - if you die, your husband, wife, partner, civil partner, or another member of your family may be entitled to the tenancy if they are living with you at the home at the time of your death. This is called 'succession'. If you don't have a husband, wife, partner or civil partner, the tenancy can pass to a member of your family, as long as they have been living with you continuously for 12 months or more immediately before your death. By law, only one succession can take place. If the tenancy is a joint tenancy, only one other tenant still living in the home after you die has a right to succeed to the tenancy.

Vehicle - this includes, for example, car, motorbike, bike, moped, boat, caravan, van, minibike, trailer, and mobility scooter.

Visitor - people not living with you but who come to see you at your home.

We, us, our - Gateshead Council, Councillors, officers of the council, and agents acting on their behalf.

Written Permission - A letter from us giving you permission to do something.

You - the tenant, and in the case of joint tenants, any one or all of the joint tenants.

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