Proposed changes and updates to your tenancy agreement

Current agreement                                               

Proposed update and changes

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.

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. Before anyone else comes to live with you for more than four weeks, you must 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.

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 collects, holds and processes a considerable amount of information, including personal information about the tenants and residents it serves, to allow it to provide services effectively. The council recognises that this information is important to tenants and residents and that it is responsible to tenants and residents for the information it holds about them. As such, it takes seriously its responsibilities under the General Data Protection Regulation and the Data Protection Act 2018. Gateshead Council is the processor for the information which it collects holds and processes. This means that the council must look after all the personal information which it collects and uses and make sure that this is done so proportionately correctly and safely

1.10         Gateshead Council collects and processes personal information to allow it to allocate homes and to manage and improve its services. This may involve sharing your personal data with other organisations that are contracted to carry out services on its behalf. This includes services to you such as repairs but also services to the council such as fraud detection provided by credit reference agencies and the police. It also includes other services provided by organisations such as the police and the fire service. These organisations are obliged to keep your personal information safe and secure. The council may pass on certain personal information to other organisations (such as local authorities, the courts, or the police) where this is requested or the council has a legal requirement to do so, such as during a criminal investigation.

Summary of the proposed changes and updates in Section 1 - Tenancy agreement

• New clauses (1.9-1.10): Detailed clauses on data protection, referencing the Data Protection Act 2018.
• Clarification on Right to Rent: Proof of legal right to rent in the UK is required before signing.

Current agreement                                               

Proposed update

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 using 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   You may have the Right to Buy your home if you are a secure tenant and this is your only home. The qualifying period is two years for tenancies that started before 18 January 2005, and five years for those starting on or after that date (the number of years does not need to be continuous). 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   You have the right to improve your home, but you must get our written agreement before carrying out any improvements. Permission may be refused. (You may also need planning and building regulation approval.)

2.5   If you received our written permission for improvements you have undertaken to your home, you may be entitled to compensation when you move out. The improvements you have carried out will not increase your rent, or the purchase price of your home, if you decide to buy it.

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, do not meet certain conditions.

2.7   You may have the right to assign your tenancy to your spouse/partner/civil partner or to another member of the household who has been living in the property for the preceding 12 months at the time of the assignment. An assignment can only occur once. It is not possible to assign a tenancy if it has previously been assigned. You may also be able to assign your tenancy to another secure tenant by way of an exchange. You must get our written permission before doing so. Permission for Assignment by way of exchange will be withheld if proceedings have begun for possession, or there is an order against you or someone who lives with you in relation to antisocial behaviour.

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.

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 proceedings, 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).

Summary of the proposed updates in Section 2 - Secure tenants

• Expanded update on Demotion Orders (2.2): Clarifies that demotion removes rights like the Right to Buy and exchange.
• Right to Buy (2.3): updated to include suspension for antisocial behaviour or regeneration plans.
• It reflects the fact that the qualifying period for the Right to Buy can change and make the agreement out of date.
• Improvements (2.4-2.5): Explains permission will not be unreasonably withheld.
• Assignment (2.7): Simplifies the legal conditions for tenancy assignment.
• Lodgers/Subletting (2.8): Prohibits subletting the whole property; allows part of a property to be sublet with permission.

Explanatory notes Section 2 - Secure tenants

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.

You must meet the following criteria:

• you are a council tenant or were one when your home was transferred to your current landlord
• you have been a public sector tenant for a minimum of three years
• the property is your only or main home

You may not be eligible for Right to Buy for the following reasons:

• you live in sheltered housing
• you live in housing suitable for elderly or disabled people
• your home is due to be demolished
• you have legal problems with debt
• you have outstanding possession orders

Current agreement                                               

Proposed update

Introductory tenants

3.1   In almost all cases new tenants will be introductory tenants. As an introductory tenant you must comply with all obligations in this agreement.

3.2   An introductory tenancy usually lasts for 12 months, but it can be extended for a further six months if, for example, you have behaved in an antisocial manner. If we extend the introductory period, we will tell you why, and give you an opportunity to request a review. An introductory tenancy will automatically become a secure tenancy after 12 months, unless it has been extended or if court proceedings for possession of your home have been started prior to your introductory tenancy coming to an end.

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

3.4   As an introductory tenant you are not allowed to:

• apply for the Right to Buy your home (although the introductory tenancy period will count towards any discount allowed under the Right to Buy in future applications)
• sub-let part of your home
• exchange your home with another tenant
• carry out improvements to your home
• claim compensation for improvements
  or
  take in lodgers

3.5   An introductory tenancy is not capable of being assigned unless it is to carry out an Order of the Court, or it is to a person who would be qualified to succeed to your tenancy if you died immediately before the assignment.

3.6   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.

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

3.8   Introductory tenants have the right to information (see Section Four).

3.9   If in doubt about your rights and responsibilities, please ask us.

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 any of the conditions in the tenancy agreement or if you gave us false information to get the tenancy, but sometimes we may have to get 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 your 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:

a.      apply for the Right to Buy your home (although the introductory tenancy period will count towards any discount allowed under the Right to Buy in future applications)

b.      sub-let part of your home

c.      exchange your home with another tenant

d.      carry out alterations or improvements to your home

e.      claim compensation for improvements or

f.       take in lodgers

g.      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.

Summary of the proposed updates in Section 3 - Introductory tenants

• Expanded restrictions (3.7): Lists specific rights introductory tenants do not have.
• Succession (3.8-3.9): Successors inherit the remaining introductory period.
• Household changes (3.11): Guidance on when permission is needed for someone to move in.

Current agreement                                               

Proposed update

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   If you die, your husband, wife, partner or civil partner may be entitled to the tenancy if they are living at your home at the time. This is called 'succession'. If your home passes to another member of your family (other than spouse) when you die, we will usually let them stay in the home. However, if the property is larger than reasonably required, we may take steps to move them to a more suitable home, either with their agreement, or by following the legal procedure for doing so. The tenancy can pass to a relative, as long as they have been living with you continuously for at least 12 months, immediately before your death. By law, only one succession can take place. If the tenancy is a joint tenancy, only one other joint tenant still living in the property after you die has the right to succeed to the tenancy. If you are living in a property and the property has been adapted for occupation by a physically disabled person or it is the practice of the landlord to let the property to persons with special needs (and there is no longer such a person living in the property) then we may take steps to move you to another suitable home, either with your agreement or by following the legal procedure for doing so.

4.3   You have the right to have certain repairs completed on time. Timescales for completion of repairs are available on our website at www.gateshead.gov.uk/repairs. 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.

4.4   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 (www.gateshead.gov.uk/allocationspolicy).

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.

4.5   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.

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:

a)                They are living in the property as their main or only home at the time of your death

b)               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:

a)                They have lived in the property as their main or only home for the 12 months immediately before your death

b)               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 on our website. 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.

Summary of the proposed updates in Section 4 - Rights for both secure and introductory tenants

• Succession (4.2-4.6): Simplified criteria for succession.
• Repairs (4.7): Adds a link to repair timescales and mentions compensation.
• Information rights (4.8): Clarifies right to access and comment on personal data.

Current agreement                                               

Proposed new section with updates

New section

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):  

a.      You break any of the conditions in this agreement.

b.      You commit a criminal offence in or in the locality of your property.

c.      We require access to your property in order to enforce any of our rights as landlord either under this agreement or under the law.

d.      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.

e.      We need to survey, renovate or carry out a major repair to your property which we cannot do unless you move out.

f.       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.

g.      You sublet, receive rent for all or part of your property, from someone else without our express consent.

h.      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:

a.      Any of the grounds for possession listed in Schedule 2 of the Housing Act 1985 apply

b.      The mandatory anti-social behaviour ground for possession under s.84A of the Housing Act 1985 is satisfied

c.      If you have ceased to occupy the property as your only or principal home and we have served you with a Notice to Quit

d.      You have been served with a notice to terminate your tenancy during the introductory period.

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

Summary of the proposed updates in Section 5 - Security of tenure

• New section with updates that includes legal grounds for possession and consequences of abandonment or illegal subletting.

Current agreement                                               

Proposed updates

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

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.

6.4   We will arrange to repair the structure and exterior of your home and the building of which your home may form part. This includes:

a.      Drains, gutters, and external pipes

b.      The roof, outside walls, outside doors, window sills, window catches, sash cords, and window frames (including necessary external painting and decorating)

c.      Internal walls, floors (excluding floor coverings), ceilings, doors, door frames, door hinges, and skirting boards

d.      Chimneys, chimney stacks, and flues

e.      Main entrance path

f.       Plasterwork

g.      Integral garages and stores

6.5   We will arrange repair and keep in proper working order any installations within your home for space heating, water heating and sanitation, and for the supply of water, gas, and electricity. This includes:

a.      Basins, sinks, baths, toilets, flushing systems, and waste pipes (but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity)

b.      Electric wiring including sockets, switches, and light fittings (excluding bulbs)

c.      Gas pipes, water pipes, water heaters, fitted fires, and central heating installations

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.

Complaints

If you do not feel like we have met our responsibilities as outlined in this tenancy agreement, you may submit a complaint at Send an enquiry, complaint or compliment.

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:

a)                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.

b)               The installation for space heating and heating water

c)                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.

Complaints

If you're not happy with what we did or didn't do, tell us. We're here to listen and improve. We take all complaints very seriously. If you do not feel like we have met our responsibilities as outlined in this tenancy agreement, you may submit a complaint at Send an enquiry, complaint or compliment.

Summary of the proposed changes in Section 6 - Our responsibilities

• updates at clauses (6.3-6.10): Explains responsibility for contents insurance, maintenance of shared areas, support for antisocial behaviour victims, and notice for tenancy changes.

Current agreement                                               

Proposed updates

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, tenant home insurance 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'. (See definition of 'non collecting weeks' in Definitions - www.gateshead.gov.uk/article/11752/Tenancy-Agreement#Definitions).

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

Rent and benefits

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

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.

If you claim Universal Credit, it is your responsibility to update your online journal with your housing costs, and to make sure these are included as part of your claim.

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. 

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.

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.

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.

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.

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'. (See definition of 'non collecting weeks' in Definitions - www.gateshead.gov.uk/article/11752/Tenancy-Agreement#Definitions).

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

Rent and benefits

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 these are included as part of 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.

Summary of the proposed updates in Section 7 - Rent and other payments

• Clarifies rent due dates, responsibilities for benefit claimants, arrears consequences, and new service charges.

Explanatory notes: Section 7 - Rent and other payments

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

We can:

• make arrangements with you so you can pay off the rent arrears
• give you help and advice on any benefits you can claim
• give you 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

Current agreement                                               

Proposed updates and changes  

Repairs and maintenance

8.1   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. 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 may be imposed. Before undertaking any work you are responsible for getting the planning and building regulations approval that is required. You are also 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.

8.2   You will usually be responsible for the repairs and maintenance of all improvements, fixtures and fittings you have installed at the home. Advice will be given when you ask for permission to do the work. If you take the installations with you when you move, you must put the property back to the way it was before you improved it. If you don't, you will be charged for the work.

8.3   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.

8.4   You must give reasonable access to your home to enable repairs, improvements, servicing, or inspections to be carried out. Legal action may be taken if you unreasonably refuse access into your home for these purposes.

8.5   At least 24 hours' notice will be given if your home needs to be inspected. In the case of an emergency, immediate access will usually be needed. Forced entry into your home may be necessary, but this is only to prevent damage to property or risk of injury to any person.

8.6   You must allow access to your home for an annual gas service to be carried out. This is a health and safety requirement (see notes).

8.7   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.

8.8   You are responsible for carrying out minor repairs necessary to keep the home in a tenant like manner.

8.9   You are responsible for plumbing in washing machines and dishwashers. You must repair any damage caused to the pipework at your home.

8.10         If you do not carry out the required repair as outlined in 7.8 and 7.9 we will carry out the repair and recover the costs from you.

8.11         You are responsible for decorating the inside of your home, and keeping it decorated at all times.

8.12         You must not Artex walls or ceilings or fix polystyrene tiles to ceilings, or walls.

8.13         You must not decorate the outside of your home unless you have our written permission. There is no charge for seeking this permission.

8.14         You are responsible for repairs that are necessary because you did not report another associated repair to us.

8.15         You must allow the Fire Service access to your home to carry out a home fire risk assessment. Inadequate heating, blocks or leaks in the flue, and lack of adequate ventilation, can cause carbon monoxide poisoning. Our gas services make sure that your home is safe for you. It is important that we are allowed access to carry out this essential inspection.

Gas safety

Employees who visit your home will be wearing Gateshead Council ID badges. Please remember to check a caller's ID 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.

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 (for example, 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 your home 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 continue to 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 dwellinghouse at all reasonable hours for any purpose required for the exercise of 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.

Gas safety

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

Explanatory notes Section 8 - Repairs and maintenance

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.

Read our Repairs Policy

You are responsible for decorating the inside of your home. This includes repairing minor cracks in plaster work and preparing surfaces so they can be painted or papered.

You are responsible for some repairs. These repairs should be carried out or arranged by you, using competent and qualified tradespersons where applicable.

Examples of such repairs include:

• 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)

You must report any vandalism or criminal damage caused by other people to your home otherwise we may charge you for any repair work.

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.

Details about our approved contents insurance scheme.

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.

Explanatory notes - Section 8 Repairs and maintenance

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.

Current agreement                                               

Proposed updates and changes

Living in your home

Your general responsibilities

8.1   You must use this home as your main home.

8.2   You can keep your home for as long as you want unless there is a legal reason why we can take it back. Your home can only be taken back with the approval of the Court on the following grounds:

a.      You break any of the conditions in this agreement

b.      We built or adapted the property for a physically disabled person, and you do not need that type of home

c.      We need the property for someone else with special needs.

d.      We need to carry out redevelopment or major repairs to the property which we cannot do unless you move out.

e.      There is any other reason under the Housing Act 1985, 1996, 2004 or any other law relevant to the use of the property.

8.3   If tenancy enforcement action is taken against you due to a breach in your tenancy agreement, this could lead not only to the loss of your home but may also exclude you from obtaining council accommodation in the future.

8.4   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.

8.5   If you break any condition in this agreement we may take legal action against you, for example by obtaining a possession order, injunction, demotion order, an order suspending the Right to Buy your home, or by extending your introductory tenancy.

8.6   We can repossess your home if you have given false information to get the tenancy, and/or if someone has given us false information on your behalf to get the tenancy.

8.7   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.

8.8   If you intend to leave your home for more than 28 days, you must make sure that your home will be looked after and secure while you are away and provide us with your contact details or of someone else in the local area who can deal with any emergency on your behalf. You must ensure your rent will be paid while you are away.

8.9   You 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.

8.10         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.

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

8.12         You must not throw anything through or out of the windows of your home, or from balconies or roofs.

8.13         You must not place anything on a window ledge, balcony, or roof that could be a danger to anyone living in or visiting your home or local area.

8.14         You are responsible for insuring your home contents. We are not responsible for loss or damage to your possessions.

Decoration and hygiene

8.15         You must keep your home neat, tidy, and clean.

8.16         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.

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

8.18         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

8.19         You must keep any grass, lawns, and hedges at your home neat and tidy.

8.20         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.

8.21         You must obtain our written permission before you put up or take down any fence or wall. There is no charge for seeking this permission. You will be informed if the improvement will become the council's property when you move out. If you dismantle the fence or wall when you move, you must put the property back to the way it was before you improved it. If you do not, we will charge for the work.

8.22         You must not put a greenhouse, garage or shed at your home without getting our written permission.

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

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

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

8.26         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

8.27         You must keep any shared areas free from obstruction. You must cooperate with us to keep any shared areas clean and tidy.

8.28         You must cooperate fully with any measures we take to protect the security of your home, and you must keep all shared doors closed.

Bulky waste collection

You can arrange for a bulky waste collection. Let us know if you need help putting your items out for collection because of your age/disability. If you live in a multi-storey block, bulky waste collections can only be made from the ground floor. If you don't live on the ground floor call the Multi-storey Team on 0191 433 5414.

Pets and animals

8.29         If your home has a shared entrance you must not keep cats or dogs (except for a registered guide dog, disability dog or hearing dog).

8.30         You may keep domestic pets, such as one dog, one cat, caged birds, fish, or small mammals in your house or bungalow, if they are well cared for and kept under proper control. You must obtain our written permission before keeping any other animal.

8.31         Your animals must not cause a nuisance, annoyance, or concern to anyone in the local area including any employee or agent of Gateshead Council.

8.32         You must ensure your dog does not foul in any area of the property or in the local area. You must remove any fouling from your home, or the local area and dispose of it properly.

8.33         You must not breed any animals or birds at your home or build a pigeon creed or aviary without obtaining our written permission.

8.34         You must not keep livestock, such as horses, donkeys, goats, pigs, cattle, ducks, geese, and chickens at the property.

Unsuitable animals

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.

Vehicles and access

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

8.36         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:

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

8.38         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.

8.39         Obstruct access to any other home by parking inconsiderately.

8.40         Keep vehicles, such as motorbikes, inside the dwelling or in the shared areas, except the keeping of a pedal bike inside the property. Battery powered scooters used by the elderly or disabled are exempt as long as they do not cause an obstruction.

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

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

Services

8.43         You, anyone living with you, or visiting you must not tamper with the supply of gas, electricity, or water, any other services, meters, smoke detectors, or any warden call equipment that has been installed in your home. You will be charged for any damage caused.

Combustible materials

8.44         You, 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

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

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

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

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

If you discover a fire

1) Raise the alarm to warn people in your home

2) Leave the home, closing all doors and windows behind if it is safe to do so

3) Call the Fire Service on 999

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:

a)            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.

b)            Stand or suffer to stand within the boundaries of the dwellinghouse any motor vehicle, caravan, or boat.

c)            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.

d)            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 cooperate 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.

Bulky waste collection

You can arrange for a bulky waste collection. Let us know if you need help putting your items out for collection because of your age or disability. If you live in a multi-storey block, bulky waste collections can only be made from the ground floor. We can arrange advice and support if you live above the ground floor.

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.

Unsuitable animals

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.

Your animals must not cause a nuisance, annoyance, or concern to anyone in the local area including any employee or agent of Gateshead Council.

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 and there is an appropriate dropped 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 or storing 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 other land owned by the council without our prior written agreement.

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.

Summary of the proposed updates and changes in Section 9 - Living in your home

• Includes subsections: Decoration, hygiene, garden rules, shared areas, pet restrictions, vehicle rules.
• Includes a new section on unsuitable animals including any breed of dog banned under the Dangerous Dogs Act 1991. We do not accept requests to keep XL Bully breeds of dog.

Explanatory notes Section 9 - Living in your home

Pets

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 parking

We know that vehicles can cause many problems, and we hope the conditions above will reduce these problems 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.

Current agreement                                               

Proposed updates

Furniture

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

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

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

i)       Sell, rent or give away any of the furniture

ii)      Deliberately damage or vandalise the furniture

iii)    Remove any of our furniture from the home without our written permission.

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

9.3   You must allow our employees and contractors to enter the home at reasonable times after we have given reasonable notice to inspect the furniture.

9.4   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.

9.5   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.

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

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

Leasing furniture

When you sign this agreement, you will be provided with a list of furniture items available. Should you wish to request a furniture package, please complete a Furniture Application Form. If your request for furniture is approved, you will be required to sign a Leasing Agreement and The Furnished Tenancy Team will contact you to arrange delivery. We recommend that you insure the leased furniture on your household insurance. It is theft to sell, rent or give away leased furniture items. Missing furniture may be reported to the Police as theft.

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:

i)       Sell, rent or give away or otherwise dispose any of the furniture

ii)      Deliberately damage or vandalise the furniture

iii)    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.

10.5         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

When you sign this agreement, you will be provided with a list of furniture items available. Should you wish to request a furniture package, please complete a Furniture Application Form. If your request for furniture is approved, you will be required to sign a Leasing Agreement and the Furnished Tenancy team will contact you to arrange delivery. We recommend that you insure the leased furniture on your household insurance. It is theft to sell, rent or give away leased furniture items. Missing furniture may be reported to the Police as theft.

Summary of the proposed updates in Section 10 - Furniture

The Furniture Leasing Scheme includes responsibilities and charges.

Allows for access to inspect or service the furniture or equipment provided.

Current agreement                                               

Proposed updates

Living in your community

10.1         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.

10.2         You, 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. For example, antisocial behaviour includes but is not limited to the following:

(a)    Shouting or persistent arguing

(b)   Drug and alcohol abuse

(c)    Loud music or making other loud noise

(d)   Banging or slamming doors

(e)    Trespass into a neighbour's property

(f)     Not looking after your garden

(g)    Repairing vehicles

(h)   Rubbish dumping, fly tipping or lighting fires

(i)     Allowing rubbish to accumulate in or around your home

(j)     Not keeping your pets under control/allowing your dog to bark

(k)    Throwing things from windows or balconies

(l)     Riding motorcycles, trial or quad bikes anywhere other than the public highway, or designated areas

(m)  Playing ball games close to properties

(n)   Being drunk and disorderly in public

(o)   Skateboarding and cycling on footpaths and balconies

(p)   Breaking shared security, e.g. allowing strangers to get into the building

(q)   Writing graffiti

(r)    Domestic violence

(s)    Prostitution

(t)     Dealing in pornography

(u)   Urinating outside your home or your neighbour's home

10.3         You, or anyone living with you, or visiting your home must not threaten violence, domestic violence, or be violent towards anyone living in or visiting your home. This includes employees of the council or their partners/agents or Councillors.

10.4         10.4 You, or anyone living with you or visiting your home must not harass, threaten to harass, use or threaten violence or discriminate against any person because of their race, nationality, sexuality, gender, religion or belief, age or disability, neither must you encourage or allow any person to do so.

10.5         You must not use or allow your home to be used for criminal, illegal, or immoral acts. In particular you must not use your home in connection with:

(a)    Cultivating or manufacturing, selling or conspiring to sell, using, possessing and dealing in illegal drugs or substances.

(b)   Unlicensed firearms or illegal weapons.

(c)    Handling or storing stolen or counterfeit goods.

10.6         You, or anyone living with you or visiting your home must not damage or threaten to damage property. For example, by engaging in:

(a)    Arson or attempted arson

(b)   Interference with security and safety equipment

(c)    Damaging shared areas or facilities

(d)   Breaking windows or doors

(e)    Writing graffiti

(f)     Placing rubbish, paint or any other offensive substances on any part of a house or building.

10.7         You, or anyone living with you or visiting your home, must not be convicted of any serious arrestable offence within the local area, for example, theft, burglary, robbery, wounding or inflicting grievous bodily harm, possession or production of a controlled drug, with intent to supply etc.

10.8         You, or anyone living with you or visiting your home must not run a business from your home which is likely to cause a nuisance or annoyance to others. For example (this list is not exhaustive):

(a)    Car repair and maintenance

(b)   Printing

(c)    Any business where you would have to use noisy equipment such as hydraulic equipment, industrial sewing machines, or controlled substances such as chemicals.

Business permission

You must get our prior written permission to operate a business from your home. Permission will not be unreasonably withheld.

Consequences of antisocial behaviour

10.9         We have powers available to help tackle antisocial behaviour. These include:

(a)    Taking legal action against you for possession of your home, an antisocial behaviour order or an injunction. A possession order could result in you losing your home and not being able to get another council home.

(b)   Extending your introductory tenancy if your conduct consists of or includes antisocial behaviour.

(c)    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. See 2.2 for more information.

(d)   Refusing a request for a mutual exchange if your conduct consists of or includes antisocial behaviour.

(e)    Suspending your Right to Buy if your conduct consists of or includes antisocial behaviour.

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:

a.      Shouting or persistent arguing

b.      Drug and alcohol abuse

c.      The use, production or supply of illegal substances

d.      Loud music or making any other noise that can be heard by others inside their homes

e.      Banging or slamming doors

f.       Trespassing into a neighbour's property or onto a neighbour's land

g.      Failure to maintain your garden

h.      Repairing vehicles

i.       Rubbish dumping, fly-tipping or lighting fires

j.       Allowing rubbish to accumulate in or around your home

k.      Not keeping your pets under control/allowing your dog to bark or foul

l.       Throwing things from windows or balconies

m.    Riding motorcycles, trail or quad bikes anywhere other than the public highway, or designated areas

n.      Playing ball games close to properties

o.      Being drunk and disorderly in public in the vicinity of your property

p.      Skateboarding and cycling on footpaths and balconies

q.      Breaking shared security, for example allowing strangers to get into the building

r.       Writing graffiti

s.      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'.

                                                   ii.     Prostitution

                                                  iii.     Dealing in pornography

                                                  iv.     Urinating outside your home or your neighbour's home

11.3         You, member(s) of your household, and/or guests/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. It also includes 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 other 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 relating to antisocial behaviour. 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.

(a)    Seeking a closure order, whether full or partial, over your property, under s.80 of the Anti-Social Behaviour, Crime and Policing Act 2014.

(b)   Serving you with a community protection warning notice and/or a community protection notice, breach of which can attract criminal penalties.

(c)    Extending your introductory tenancy if your conduct consists of or includes antisocial behaviour.

(d)   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.

(e)    Refusing a request for a mutual exchange if your conduct consists of or includes antisocial behaviour.

(f)     Suspending your Right to Buy if your conduct consists of or includes antisocial behaviour.

(g)    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.

Support

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

Summary of the proposed updates in Section 11 - Living in your community

• Expanded list of antisocial behaviour examples.
• Expanded clause on domestic abuse.
• Includes details of unacceptable behaviour and provides an expanded range of consequences of committing antisocial behaviour.
• Sets out the legal action that can follow.
• Zero tolerance for abuse towards council staff (including online).

Explanatory notes Section 11  - Living in your community

Antisocial behaviour

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; 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 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).

Current agreement                                               

Proposed updates

Moving home

Ending your tenancy

(new title proposed for this section)

Your responsibilities

11.1         If you want to end your tenancy you must give us at least four weeks' written notice. If you do not give proper notice you will continue to be responsible for the rent and other payments.

11.2         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/fobs on time, and for any damage caused if you leave the house unsecured.

11.3         You must pay all rent and other charges up to the date your tenancy ends.

11.4         You must give us access to your home to allow us to carry out an inspection of your home after we receive your termination notice.

11.5         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.

11.6         You must remove all of 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.

11.7         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.

11.8         A joint tenancy will end after four weeks' written notice has been given by either tenant. At the end of the notice period your home must be vacated and the keys returned to Gateshead Council. (See notes on next page).

11.9         You must not allow any person to remain living in your home when your tenancy ends.

11.10      You must make sure all fittings and fixtures you have installed, and which you are leaving in the home, are in good working order.

11.11      You must make sure all furniture you rent from us is left at the home. If there is any damage to the furniture we will charge you for repair. If there is any furniture missing we may treat this as theft and report this to the police.

11.12      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.

11.13      You must remove any greenhouse(s), shed(s), kennel(s) etc., 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.

11.14      If the tenancy ends because the tenant has died, the tenancy can be ended on the Monday following the death of the tenant if the home has been fully cleared of all furnishings, paperwork, and effects. The tenant's representative can extend the tenancy for a week at no charge to clear out furniture. After that a weekly charge will be made which is the same rate as the weekly rent payable.

11.15      If you move out of the home without telling us, we will treat the home as abandoned. We are required to serve a 28-day Notice to Quit before ending the tenancy. You will be charged full rent for the 28 days. Your tenancy will then come to an end.

11.16      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.

11.17      We may store any furniture and belongings taken from the home for a limited period or until you make arrangements to move them. We will charge you for this storage. We will try to contact you to arrange collection of the belongings. If we are unable to contact you, or if you do not collect the belongings, we may sell them and use any money we get towards any of your unpaid rent or other charges.

11.18      If you are a joint tenant, the whole tenancy will end if you or the other joint tenant ends the tenancy.

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

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

Your responsibilities

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.

Summary of the proposed changes in Section 12 - Ending your tenancy

• Clearer rules on leaving the property and giving notice, key returns, property condition, and charges.
• The clauses on abandonment have moved to new Section 5.

Explanatory notes Section 12 - Ending your tenancy

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.

Current agreement                                               

Proposed new section 

Proposed new terms in your agreement

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:

a.      Obtaining housing by deception - where a person gets a home by giving false information on their housing application.

b.      Giving false statements about your personal circumstances.

c.      Illegally occupying a home or not telling us about moving.

d.      Unlawful subletting - where a tenant rents out their home without our knowledge or permission.

e.      Wrongly claimed succession - where a resident dies and someone without entitlement tries to take over or succeed to the tenancy.

f.       Giving false information in a Right to Buy application.

g.      Key selling - where a resident is paid to pass on their keys in return for a one-off payment.

h.      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 is 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.

Summary of the new Section 13 - Tenancy fraud

New section: Defines the types of tenancy fraud and outlines enforcement actions.

Current agreement                                               

Proposed updates

Service of notices

12.1         Any notice, including Notice to Quit, can be served on you by leaving it at your home or by sending it by post.

12.2         We will assume that you have received all letters and notices within 72 hours if we posted them, or within 24 hours if they were delivered by hand.

12.3         Any notices should be sent to Gateshead Council or any other address that you may be notified to send your notice to.

Requesting written permission

12.4         You need the 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] (for further information contact your local housing office).

12.5         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, or if the alteration or addition becomes unsightly or a danger, or if the structure of the home is damaged.

Safeguarding

Permissions are not only to safeguard the home, but also to make sure that any work done could not injure you or any other person.

Service of notices and requesting written permission

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.

Safeguarding

Permissions are not only to safeguard the home, but also to make sure that any work done could not injure you or any other person.

Summary of the proposed changes in Section 14 - Service of notices and requesting written permission

• Small changes in the wording.

Current agreement                                               

Proposed updates

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.

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.

Dwellinghouse - a property used as a residence instead of for any other purpose.

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/civil partnership/co-habiting.

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 you are a joint tenant then your tenancy will pass to the other joint tenant upon your death, and this will count as a succession. In all cases of succession, the definition of family member is that set out in the Housing Act 1985.

Vehicle - this includes, for example, car, motorbike, bike, e-bike, electric scooter, 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.

Summary of the proposed changes in Section 15 - Definitions

More detailed definitions

Succession - explanation that if you are a joint tenant then your tenancy will pass to the other joint tenant upon your death.

Partner - explanation that this includes a person you live with as husband/wife/civil partnership/co-habiting.