Decant Policy

This is a temporary tenancy agreement granted to the tenants whilst repairs or improvement works are being carried out to your home. As this is a temporary tenancy the terms and conditions are different from those that we normally offer. Please make sure you understand the agreement before you sign it. You can take independent advice if you are at all unsure.

The Landlord ("We" or "Us")

The Tenant ("You")

The permanent property ("Your home")

The temporary property

Tenancy start date

Purpose of this temporary tenancy agreement

We need to carry out works to your home which are so extensive that you cannot stay there while they are done, and so we are letting you "the temporary property" as rent-free alternative accommodation meanwhile, on the terms shown on these pages.

Both of us agree

1.    We let the temporary property to you rent free until this agreement shall end in any of the ways described below.

2.    Your tenancy of your home will continue on its existing terms meanwhile, but subject to the provisions in its tenancy agreement about rent review or re-registration.

3.    You will continue to pay the rent for your home (including any service charge) throughout the duration of this tenancy. You will be responsible for paying Council Tax, water and sewerage charges and for all gas and electricity consumed on or supplied to the temporary property during his occupation.

4.    We will both enjoy the same rights, and observe the same obligations, in respect of the temporary property as are set out in the Tenancy Agreement for your home ('the original agreement'), as these obligations were expressly set out in this agreement, with the following changes and exceptions:

• the provisions relating to rent and service charges shall not apply
• you do not occupy the temporary property as your only or permanent home
• any right to exchange this tenancy for another, or to sublet part of the property or to take in lodgers, shall not apply
• you are obliged to give vacant possession of the temporary property to us at the end of this tenancy
• this tenancy ends as shown in Paragraph 6 below, not as shown in the original agreement
• while this tenancy lasts, any notice to you concerning either this agreement or the original agreement is validly served if delivered to the address shown on page 1 of this agreement

5.    We will carry out works to your home with reasonable speed. When it is again in our reasonable opinion available for your occupation, we will tell you in writing. Until that time, you will not seek to occupy your home nor cause work there to be disrupted or delayed.

Determination of the agreement

6.    This agreement will be ended:

• if you are in breach of any of the terms of this agreement; or upon you being notified that the tenancy property is ready for occupation and by us subsequently giving one week's notice to you on the expiry of which, you will immediately vacate the temporary property and return to the tenancy property
• if you remain in possession of the temporary property after this agreement has ended, then you must pay us use and occupation charges for the temporary property equal to the weekly rent we could obtain by letting it on a tenancy on our usual terms, until such time as you give us vacant possession

Signed on behalf of Gateshead Council:

Signed by the tenant(s):