Information for Tenants
What are the rights and responsibilities of your secure tenancy?
Whilst
it has been produced in order to comply with legal requirements, it represents
a further opportunity to demonstrate that the Council wishes to promote good
landlord tenant relations at all times and to foster a genuine spirit of co-operation.
A
number of leaflets covering issues that may affect you, are available from the
Housing Advice Centre.
Tenant's
Rights
The
Council will not interfere with the possession of your home, unless you have
broken one of your Tenancy Conditions. These are detailed in your Tenancy Agreement.
Consultation
and Information
You
have the right to be consulted and receive information on all matters relating
to the management of your home and estate. The Housing staff, Councillors and
the Tenants Forum are working on your behalf towards the formation of a Tenants
Compact, a copy of which will be supplied to you in April 2000. In the case
of Taunton Deane, this represents an important step in the process of tenant
consultation which has been evolving over a number of years.
Right
to Repair
You
have a statutory right to have certain small urgent repairs carried out. The
Council is required to carry out these repairs within certain time limits. This
is in addition to the fundamental repairing responsibilities of the Council
as your landlord. Certain small repairs, which remain your responsibility are
detailed in your Tenancy Conditions. The right applies to 'qualifying repairs'.
A 'qualifying repair' is one relating to the structure and exterior
of your property. This includes items such as drains, gutters and external pipes.
It also includes installations for water gas and electricity supplies as well
as basins, sinks baths and WCs.
For
every 'qualifying repair', tenants must be provided with copies of
repair notices to confirm the action taken following a repair request. These
notices will contain the name address and telephone number of the Contractor
and the target date by which the repair should be completed. Should the Contractor
unreasonably fail to keep to this deadline, you can request an alternative Contractor
to complete the work. Further
details are available from the Repairs Section.
Right
to compensation for improvements
You
must firstly obtain written consent for a proposed improvement. In order to
benefit from the Statutory Compensation scheme, the improvement must represent
eligible work completed after 1 April 1994. It must also have been carried out
in a workmanlike fashion and must not have caused damage to the structure of
your property. In addition to the statutory scheme, Taunton Deane will at its
discretion, consider applications for compensation for improvements undertaken
with the Council's permission prior to this date. In all cases compensation
is payable only at the end of the tenancy.
Right
to Exchange
You
have the right to exchange properties with other Taunton Deane tenants and with
tenants of other Local Authorities and Housing Associations provided that:
- The rent accounts of all tenants seeking to exchange are not in arrears.
- There are no outstanding Notices of Seeking Possession.
- The exchange would not result in under occupancy or over crowding of your property
- There would not be an inappropriate use of accommodation, eg., a young family
occupying a bungalow designed for elderly persons.
- An exchange has not taken place because money has changed hands between
the parties involved.
- No exchange must take place without the written approval of the Council.
Right
to Buy and Rent to Mortgage Scheme
Information
relating to both schemes is detailed in a leaflet available at the Housing Advice
Centre. The right to buy your home at a discounted price applies when:
- You have been a public sector tenant for two years.
- Your property is not an exempt dwelling. Sheltered housing schemes and properties
particularly suitable for the elderly are examples of exempt dwellings.
You
will not be permitted to complete the purchase of your dwelling, if you are
in arrears with rent.
The
Right to take in Lodgers
You
have the right to take in lodgers provided that it does not lead to overcrowding.
Please note, however, that if you are in receipt of Housing Benefit, you must
inform the Council.
Right
To Succeed
Upon
the death of a secure tenant, other members of the family have the right to
succeed (members of the family include husbands, wives, sons, daughters, nieces,
nephews over 18 years old). Before anyone can succeed to a tenancy (with the
exception of people living as husbands and wives) they must be able to demonstrate
that they have lived in the property for at least twelve months prior to the
death of the secure tenant.
Where
there is a joint tenancy and upon death it passes to a husband or wife, then
this change is regarded in law as a succession. There is only one legal entitlement
to succession. NB When a relative who has been living in the home is left in
occupation following the death of the tenant, it is important to contact the
Housing Service as soon as possible. Where no legal entitlement to succession
exists, individual cases will be treated on their merits. The Council will endeavour
to ensure that accommodation is available, where appropriate.
Contact
The Council's Housing Advice Centre
The Deane House, Belvedere Road, Taunton, TA1 1HE.
Tel: 01823 356356
Opening hours
are:
Monday to Thursday - 8.30am - 5.00pm (interviews 9.00am - 4.30pm)
Friday - 8.30am - 4.30pm (interviews 9.00am - 4.00pm)
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