TENANTS HANDBOOK SECTION 1 YOUR RIGHTS AND OBLIGATIONS

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YOUR RIGHTS

When you signed an acceptance of tenancy you received a tenancy agreement. A copy of the agreement is provided separately from this handbook.

You are now a secure tenant and have the following legal rights under statute, i.e. the Housing Order (NI) Order 1983.

• Security of tenure, subject to GHA being able to gain possession on certain grounds.
• The right of a widow, widower or a resident member of the family to suceed to the tenancy on the tenant’s death
• The right to assign your tenancy in certain limited circumstances.
• The right to consultation about matters affecting your tenancy.
• The right to information about your legal rights, the terms of your tenancy agreement and the arrangements for varying it.
• The right to take in lodgers
• The right to sublet part of your home with the consent of GHA.
• The right to improve your home with the consent of GHA.
• The right to information about allocations, transfer and exchange rules.

Security of Tenure

This means that we cannot end your tenancy without a court order for possession, except if you have abandoned your home. We can only apply for a court order for possession on one or more of the following grounds:-

1) Not paying rent or breaking any of the conditions of your tenancy agreement.

2) If the tenant or anyone living with the tenant is a nuisance to neighbours or is using the premises for immoral or illegal purposes.

3) Damage to the property by the tenant or any person living in the dwelling.

4) Deliberately giving false information when applying for a tenancy.

5) If the dwelling was only given as temporary accommodation while the tenants own home was being improved and those works have been completed.

6) If the Association needs to gain possession in order to develop or rehabilitate the property.

7) Where accommodation is specifically provided for a physically disabled person is occupied by a person who does not need such special accommodation, and it is required for letting to a disabled person.

8) Where accommodation has been provided for persons with special housing needs and there is no longer such a person residing in the dwelling and it is required for letting to such a person.

The court shall not make the order for possession to the Association:-

a on any of the grounds 1-5 above, unless it is considered reasonable.

b on the grounds 6 above, unless suitable alternative accommodation will be made available for the tenant.

c on any of the grounds 7-8 above, unless it is considered reasonable and
alternative accommodation will be available for the tenant.

Succession

A resident husband or wife has the right to succeed to the tenancy on the death of the tenant.

Certain other members of the family may take over the tenancy provided they lived there with the tenant for at least 6 months before the tenants death and the property was their principal home. If the property is not suitable we may offer alternative accommodation.

If the tenant was himself/herself a successor no further successions will be permitted except in special circumstances. If you are in doubt, contact your Housing Officer. All applications will be considered sympathetically.

Anyone claiming the right to succeed to the tenancy must tell the Association within one month of the tenant’s death.

Notwithstanding these rights the tenant will not assign the tenancy to any third party.

Assigning

Currently you have the right to sign your tenancy over to someone who would qualify to take over your tenancy under the succession rules. The assignee must be prepared to take over your legal rights and obligations in relation to your tenancy.

Lodgers and Subtenants

If you take in lodgers or wish to sublet, you must tell us their names and the rent you are charging

Lodgers

You may take in lodgers provided this does not result in overcrowding.

You should also remember that a lodger is treated as a member of your household under the terms of your tenancy and will affect your housing benefit claim.

Subletting

You may sublet part of your dwelling. If you wish to do this you must write to GHA asking for written permission and giving details.

We will normally give you permission to sublet unless this would cause overcrowding.

We may not give you permission if we are planning to carry out any work that would affect the property to be occupied by the subtenant or if your house has been designed for a special use.

If we do not give you permission we must give our reason in writing.

Joint Tenancies

A request for a joint tenancy will only be granted in the following circumstances:

The proposed joint tenant is your spouse;

The proposed joint tenant would at the date of application be entitled to succeed to the sole tenancy if the existing tenant died;

The proposed joint tenant was part of the current tenant’s household when the current tenant was awarded the tenancy.

The Management Committee may also grant a joint tenancy if the proposed joint tenant has been living as part of the same household as the existing tenant at this address for over 1 year.

YOUR OBLIGATIONS

As a tenant of GHA you also have certain obligations towards us and your neighbours. These obligations are part of your tenancy agreement and if you do not comply with them we may consider ending your tenancy. This may mean you will have to leave your home.

Rent

Rent is to be paid regularly and promptly on the date due. The rent week begins on Monday.

Principal Home

The premises are to be occupied by you as your only or principal residence and you agree to give up the tenancy if it is no longer your principal residence.

Use of Your Home

You must use your home only as a private dwelling. You must not run a business in your home or facilitate a mobile shop in the vicinity of your home. This does not include working from home.

Repairs

You must maintain your home in a clean and tidy condition and keep in good repair anything which is listed as your responsibility in your tenancy agreement. This includes gardens and outside areas within the curtilage of the dwelling. You must tell the Association of any repairs which are the Association’s responsibility. You must allow the Association’s staff and contractors access to carry out its repair duties.

In general, however, if you treat the property with reasonable care, as if it were your own property, then the Association will help in every way to maintain it in good order and condition.

You are advised to check the credentials of anyone wishing to gain access to your home.

Decoration

You are responsible for the internal decoration of the property.

Access

If we need to gain access to your home to inspect it or carry out works to install, service, improve or remove meters, you must allow us to do so. We will try to give you at least 24 hours notice unless there is an emergency.

Nuisance

You must not do or allow to be done anything that unreasonably interferes with other people’s rights to the use and enjoyment of their home and community. This includes excessive noise, uncontrolled animals, rubbish and litter dumping, unruly children and general annoyance and harassment of neighbours .

Complaints of nuisance should initially be made by telephone or contacting your Houisng Officer who will endeavour to resolve the matter quickly and amicably.

If the matter cannot be resolved this way you will be advised and it will be necessary for you to put the complaint in writing in order for us to pursue the matter further.

If the complaint relates to noise, you should contact Belfast City Council’s Noise Hotline by telephoning:-

NOISE HOTLINE – (028) 90373006

If the complaint relates to harassment, you should contact the Neighbourhood Office at your local RUC station and advise us accordingly.

Where the nuisance continues and the offender is a tenant of the Association, we will warn the tenant of a possible breach of tenancy and may take action to repossess the property. It is advisable for you to keep a record of any reports made to the Association and any other bodies as these will be required in the event of such action being taken. It is likely that if the case goes to court that you will have to attend as a witness.

Anti-Social Behaviour

You must not engage in or permit behaviour that threatens the physical or mental health, safety or security of other residents.

This includes the sale, supply and possession of illegal drugs; intimidation on the grounds of religion or community background, race or ethnic origin, disability or sexual orientation; and any activity that causes any significant or persistent danger, injury or fear to any person living in or in the vicinity of the dwelling.

Incidents of this nature should be reported to your Housing Officer who will investigate the complaint as a matter of priority and undertake any necessary action.

The RUC will also be consulted to ascertain if criminal law prodeedings can be taken.

Any report of anti-social behaviour will be treated in confidence by the Association and tenants suffering from intimidation confirmed by the RUC will be offered alternative accommodation if posible, or given advise on rehousing options.

Pets

If you live in a house you must ask GHA for written consent to keep more than one pet. If you live in a flat or maisonette, you must not keep any domestic pets without the written consent of GHA.

Structures

You must not erect, within the curtilage of the dwelling any moveable or immovable structure (i.e. Sheds, TV Aerials and Satellite Dishes) without the written consent of GHA

Paraffin Heaters/Gas Appliances

For reasons of safety, paraffin heaters must not be used on the premises.

Bottled Gas appliances must not be used in flats or maisonettes.

Insurance

We are responsible for the structure of your home.

We strongly recommend that you arrange for insurance of the contents of your home so that you will be protected against accidental damage, loss or theft. You can arrange house contents insurance through any Bank, Building Society, or Insurance Agent.

Ending Your Tenancy

At the end of your tenancy you must give us “vacant possession”, that is, you must give us back the keys and not leave anyone living in the property. You must give us 4 weeks written notice of when you plan to leave the property. All keys must be returned to GHA Office.

An inspection will be made and you will be responsible for any damage done to the property while you were a tenant. The Association will give you details of the charge which will be levied for such damage. You can then make the necessary arrangements for payment.

Rubbish

When you take up your tenancy , we will make sure that you have a wheelie bin. If you lose or damage your bin, you will have to supply a new one.

If you need to dispose of household items too bulky to go in your bin, you should contact your local council who will collect them free of charge.