Your tenancy agreement
When you signed your tenancy agreement you entered into a legal contract and became a tenant of Loughborough EMB. You also agreed to the tenancy conditions, a document that sets out your rights and responsibilities. The tenancy conditions apply to all tenants .
Keep your tenancy agreement and tenancy conditions in a safe place and refer to them if you have any questions about your tenancy.
Types of tenancy agreements
You are likely to have one of the following tenancies
When you sign your tenancy agreement you will be told what type of agreement you have; you can ask us if you are unsure. Your rights and responsibilities as a tenant often depend on your type of tenancy.
Most tenants are secure tenants, which means that your tenancy can only be ended with a court order, if it is proven to the court that LEMB have a good reason to evict you.
If you become a secure tenant, you will remain one so long as:
-
The property is your only main home.
-
You do not completely sublet your home.
-
The court does not make an order ending your tenancy.
All new tenants begin as introductory tenants. An introductory tenancy is like a trial period and usually lasts 12 months, after which the tenancy automatically becomes secure as long as no problems occur.
Few tenancies end in the first 12 months and most tenants complete their trial period successfully.
If problems do occur, for example rent arrears or anti-social behaviour, LEMB can extend the introductory tenancy or seek possession order.
Sometimes new tenants become secure tenants straight away, or in less than a year .This may happen if you have been:
-
A secure tenant of a different property.
-
An assured tenant of a registered social landlord.
-
An introductory tenant of a different property.
You may be given a demoted tenancy if you have a secure tenancy but have behaved in a way that causes serious nuisance to others. LEMB can ask the court to replace your secure tenancy with a demoted tenancy.
Demoted tenants can be evicted much more easily than secure tenants.
Joint tenancies are usually created when two or more people apply for housing together. If your tenancy agreement names more than one tenant, then each tenant named on the tenancy agreement will be a ‘joint tenant’. Joint tenants have the same rights and responsibilities, even if they no longer live at the property .For example ,each joint tenant is responsible for making sure the whole of the rent is paid, and not just their share of it. If a court order is sought for rent arrears, it is against all the joint tenants.
Either joint tenant can apply for housing benefit or council tax benefit.
If one joint tenant breaks the tenancy agreement and LEMB cannot solve the problem, the other joint tenant/s may need to go to court to deal with the matter.
If one joint tenant die, you must tell LEMB. The tenancy will continue with the remaining tenant/s – this is known as ‘supervisorship’. The remaining tenant/s are responsible for all of the rent and other charges.
Any joint tenant has the right to end the tenancy by giving notice. A notice served by one joint tenant will end the tenancy for everyone, even if the other joint tenant/s do not want the tenancy to end. If a joint tenant wants to leave and give up the tenancy, they are encouraged to tell the other joint tenants. If this happens all joint tenants should get advice from LEMB and an independent legal service.
If a joint tenant gives notice to end a joint tenancy, LEMB can decide whether to offer the property to the remaining joint tenant/s. For more information about this contact us.