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About Your Tenancy
When You Move In
When you first move into a Colchester Borough Homes property, you start off with an Introductory Tenancy. This lasts for 12 months. After this period, if there are no problems, you move to a Secure Tenancy.
Introductory Tenancies
You start off as an Introductory Tenant. Your tenancy can easily be ended if you break the tenancy conditions. These are "rules" about how you live in the property.
You will need to:
- Pay your rent on time
- Not cause a nuisance to your neighbours
- Keep the property in good condition
- Make sure that anyone living at, or visiting the property does not cause a nuisance to neighbours
- Not use the property for doing something illegal – eg drug dealing
- Let workmen into your property to carry out repairs
You have less rights than a Secure Tenant. This means you cannot:
- make improvements to the property – eg painting the outside
- rent out rooms
- swap your property with another council tenant
- apply for the ‘Right to Buy’ scheme – this lets tenants buy their property at a discount from their council
Secure Tenancies
After twelve months, providing you have not caused any issues - such as antisocial behaviour - you become a Secure Tenant.
You have many rights as a secure tenant. These include:
- being able to live in your home for the rest of your life – unless you break the tenancy conditions
- buy your home after a certain amount of time at a discount – this is called the ‘Right to Buy’
- rent out rooms
- swap your home with another council tenant – but you have to get permission from us first
- be kept up-to-date about things that affect you
- carry out improvements to your home – for certain work you must get our permission
Joint Tenancies
A joint tenancy is where you share responsibility for the property with another person. This usual happens with:
- married couples
- couples with a registered civil partnership
- couples in a relationship who live together
- family members
You should be aware of the following issues:
- Both tenants share responsibility for things like paying the rent on time
- If the other tenant moves out of the property, you are responsible for paying all the rent from then on
- You are also responsible for paying any outstanding rent they leave behind
Applying for a joint tenancy
You can apply for a joint tenancy from the start or apply to change (or ‘convert’) an existing single (‘sole’) tenancy to a joint tenancy.
If you are married or in a registered civil partnership you can add your partner to your sole tenancy at any time.
If you are a cohabiting couple or family members, you must have lived together at the property for at least 12 months.
You need to apply to us for a joint tenancy.
We may refuse your application for a joint tenancy if you or the other person:
- Have a poor record of paying council rent – or owe rent at another property
- Have previously been evicted for anti-social behaviour
- Own a property in the UK or abroad
Assignment
If you are a secure council tenant, you may be able to transfer your tenancy to your partner or other family member. Assignment is the legal transfer of a tenancy whilst the tenant is alive. A sole tenant or joint tenants can request an assignment.
If you live together, you may be able to transfer your tenancy to your:
- Husband or wife (‘spouse’)
- Registered civil partner
If you have been living together continuously for the last 12 months or more, you can transfer your tenancy to:
- A partner you are not married to, or not in a civil partnership with (called a ‘cohabiting’ partner)
- A close family member – this includes a child, parent, brother or sister
The person you assign your tenancy to (the ‘assignee’) will take over all your rights as a tenant of the property. You can remain in the property if agreed with the assignee. There are three types of assignment:
- Mutual Exchange
- Court Order – matrimonial; children or family law
- By deed to a potential successor i.e. child of tenant
People assign their tenancy to:
- Prevent disputes between potential successors
- Allow a tenant to vacate their home but allow member’s of the family to remain
- Resolve housing issues in a relationship breakdown
Assignment is legal process, and all parties need to agree to the assignment.
Please read this important information about an assignment:
- By choosing an assignment, this then uses up the tenancies one and only right to succession. There can be no further "succession" when an assignment has taken place.
Succession
The ‘rules’ about passing on a tenancy when someone dies are very similar to assigning a tenancy. For example, if you die your tenancy may be able to pass to:
- Your spouse or registered civil partner who lived with you
- A close family member – as long as they lived with you continuously for 12 months or more before you died
Passing on the tenancy like this is called 'succession'.
A tenancy can only be passed on once. If you took over your tenancy through succession, no one would have the right to succession when you die.
If a joint tenant dies, the tenancy automatically continues for the surviving tenant. This is known as ‘survivorship’. No one will be able to succeed to the tenancy when the surviving spouse or civil partner dies. For example, you have no further right to pass on the tenancy to your children.
You can appeal to us if you think the decision we have made over a succession is wrong. You can contact us here if you would like to make an appeal.
