offer document

YOUR RESPONSE AT THIS STAGE – THIS IS NOT THE BALLOT.

It will cost you nothing to return this.

B O R O U G H C O U N C I L



1. On the basis of the information you have received so far,what are your views on the Council’s transfer proposal?

In favour of transfer

Not in favour of transfer

Not sure/need more information

2. Please use the space below to describe what you like ordislike about the proposal and any views you have on how itcould be improved.

3. If you would like someone from the Council to contact you, please write your name, address and telephone number below.

Name:

Address:

Telephone:

Please return this reply form to reach the Council by 27th June 2008.

Remember, this is NOT THE BALLOT. The Council simplywants to hear your views at this stage.

the key to your future

IMPORTANT INFORMATION ABOUT THE FUTURE OF YOUR HOME

on Sedgefield Borough Council’s proposal to transferhomes to Sedgefield Borough Homes

formal consultation




If you have any questions please ring the Council's Freephone

0800 066 5697or the Independent Tenants Advisor,

PEP, on Freephone

0800 328 0845

A Message from Sedgefield BoroughCouncil Chief Executive Brian Allen and Council Leader Councillor AgnesArmstrong.

Over the years we believe the Council hasdone a good job with its housing with themoney it has had available.

However, like many other local authorities inthe country, we are faced with a real struggle to improve homes and estates to thestandard you want.

Sedgefield Borough Homes would have the resources to deliver the £100 millionprogramme of repairs and improvements over five years that tenants have said they want,but the Council estimates if would only have around £35 million to spend over the sameperiod.

We have always believed providing good quality housing is the most important job for alocal authority. Transfer will give us the opportunity to make a real difference to homes.

We’ve looked at all the options and believe transfer is the only way to reach the standardof home and service you have a right to expect now and in the years to come.

But transfer is not a foregone conclusion. It will be you, the tenants, who make thatdecision in a ballot.

All we would ask from tenants is that you read this document so you can make aninformed choice in the ballot when the time comes.

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If you would like this document ina different format or language

please ring the Council’s Freephone

0800 066 5697

“

“

1

“A statement from the Tenants’ Steering Group

Right from the beginning when the Council started looking at the future of Council housing inthe Borough, it agreed that tenants would play a key role in all the important decisions.

We believe that we have been at the heart of things for the past year. We have been involved indeveloping this Offer Document which we believe contains many of the future service andinvestment opportunities that would benefit all tenants.

This Offer Document has been shaped through a series of meetings to discuss what we wouldlike to see happen with our housing service, our homes and estates in the future.

We have made our views known. Tenants in Sedgefield Borough want good quality modernhomes and safe and pleasant estates on which to live. We also want to be supported by anexcellent housing service that focuses on the things that matter to us, particularly a good andresponsive repairs service and improved ways of tackling anti-social behaviour.

This Offer Document includes a range of promises that would make a difference to the lives of all tenants.

We would encourage all tenants to use the information you have been given already and withinthis written offer. If you are still unsure about anything then ask more questions until you have allthe information you need to make a decision on transfer.

The Tenants’ Steering Group have considered all the options and have had the benefit ofindependent and impartial advice. We believe that transfer of the housing to a new localindependent housing association, Sedgefield Borough Homes, is the best option for the future.

Sedgefield Borough Homes would be a locally based independent, not-for-profit housingassociation and would be able to access money the Council cannot to deliver the investmentpromises set out in this offer document.

We urge you to consider all the facts to make your own mind up and to use your vote when thetime comes.

“

Contents Page

Sedgefield Borough Homes – promises to you . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 3

Part A The best deal for tenants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 6

Part B Improving your homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 12

Part C Affordable rents now and in the future . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 19

Part D Better services from familiar faces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 23

Part E Action on anti-social behaviour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 26

Part F Services for older people and the sheltered housing services . . . . . . . . . . . . . page 29

Part G A powerful voice for tenants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 33

Part H Tenants’ rights protected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 36

Part I About Sedgefield Borough Homes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 42

Part J The legal requirement to consult tenants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 49

Part K The next steps. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 51

Part L Other useful information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 54

Part M The proposed tenancy agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 57

If you require this document in another format, for example Braille, large type, audio tape or

another language please call freephone 0800 066 5697.

What would the transfer meanfor you?Here are the 12 commitments SedgefieldBorough Homes would make to you iftransfer goes ahead.

1. IMPROVING YOUR HOMEAround £100 million worth of repairs andimprovement works in the first five years –around £65 million more than expected withthe Council. Sedgefield Borough Homeswould aim to deliver the Government’s decenthomes standard PLUS make available budgetsto carry out the following tenant ledimprovements:

• More new or upgraded bathrooms.

• More new or upgraded kitchens.

• High Security and insulated uPVC doorswithin three years to all homes whereneeded.

• New internal doors to all homes within three years where needed.

• Smoke detectors.

• Carbon monoxide detectors.

• External security lights.

• Further energy saving measures for tenants.

• A ‘home’ help service for vulnerabletenants during major works.

See Part B (Page 12) for more details.

2. TACKLING ANTI-SOCIALBEHAVIOURMeasures would be introduced to strengthenthe service in tackling nuisance and anti-socialbehaviour, including starter tenancies andcontinuing to develop the tenancyenforcement team. Sedgefield BoroughHomes would:

• Work towards providing an out-of-hourstenancy enforcement team.

• Use CCTV and noise meters to help tackleanti-social behaviour.

• Use mediation and other measures to helpreduce anti-social behaviour.

• Take firm but fair action to tackle nuisancetenants.

See Part E (Page 26) for more details.

3. IMPROVEMENTS TO AIDSAND ADAPTATIONSIncrease investment in the provision ofsupport, aids and adaptations to tenants’homes when they are needed. This includes atotal budget of £2.75 million over the first fiveyears, an increase of more than £380,000 thanthe Council could spend. The same amountwould be available again in the next five years.

Sedgefield Borough Homes would:

• Introduce a register of adapted homes tomatch allocation to needs.

• Consider employing their own occupationaltherapist to speed up how it deals withrequests for adaptations.

See Part F (Page 29) for more details.

4. INVESTING IN OLDERPEOPLE’S SERVICESMaking older tenants a priority, SedgefieldBorough Homes would:

• Consider introducing a handy man schemeto help older tenants with minor workaround their homes, such as putting uppictures, changing light bulbs etc.

• Set aside a budget of £6.6 million over thefirst five years to invest in improvingsheltered housing schemes as part of theoverall investment programme.

• Work hard to ensure that the currentwarden service is improved and developed.

• Enhance the existing home decoratingscheme.

See Part F (Page 29) for more details.

2 3

Sedgefield Borough Homes – Promises to You

5. YOUR REPAIRS SERVICEYour repairs service would be improved to tryto ensure that it is prompt and efficient.Sedgefield Borough Homes would aim to:

• Offer faster repairs.

• Offer appointments for all repairs includingearly evenings.

• Offer a dedicated freephone repairs line.

• Enable tenants to report repairs 24 hours a day.

See Part B (Page 12) for more details.

6. CLEAN, SAFE ANDSECURE HOMES ANDCOMMUNITIESTaking action to make your home andneighbourhood safe, clean and welcoming.Sedgefield Borough Homes would:

• Spend £4.2 million on environmentalimprovements over the first five years,including boundary walls, fencing andgates – with £200,000 set aside each yearfor tenants to bid for local environmentalimprovement schemes in their areas. Withthe same amount available over the nextfive years

• Set up security programmes, includingsecurity locks and lighting.

• Improve the grass cutting service, bypicking up the grass cuttings in enclosedgardens

See Part B (Page 12) for more details

7. YOUR SAY – TENANTINVOLVEMENT ANDCOMMUNICATIONA commitment would be given to furtherdevelop opportunities for tenants to becomeinvolved in the management of their homes.Sedgefield Borough Homes would:

• Look at the possibility of developing newways to involve and communicate withtenants e.g. text messages, using theinternet, regular newsletters, having tenantsas mystery shoppers and focus groups.

• Increase the budget for tenant involvement.

• Help to develop a tenants’ resource centre with the strategic constructionpartner, Mears.

• Offer a garden tool library for tenants.

• Involve tenants in estate walkabouts andinspections.

• Involve tenants in decision making - four ofthe 12 board members of SedgefieldBorough Homes would be tenants.

See Part G (Page 33) for more details.

8. IMPROVED CUSTOMERSERVICESFamiliar faces would continue to be employedto deliver the housing service. SedgefieldBorough Homes would:

• Offer a single freephone number for alltenants to contact their landlord.

• Offer an enhanced home visit to all tenantswho need help with filling forms or usingnew technology.

See Part D (Page 23) for more details.

9. DEVELOPMENT OF NEWHOMESSedgefield Borough Homes would work inpartnership with the Council and other housingassociations to help develop new affordablehousing in the Borough.

10. LOCAL EMPLOYMENTSedgefield Borough Homes is committed tocreating training and employment locally andusing local companies wherever possible,where they are competitive on price, qualityand performance.

11. MORE FOR YOURMONEY - RENTSSedgefield Borough Homes would continueto set affordable rents in the same way, asthey would be with Sedgefield BoroughCouncil, if the Council continued to exist.

If there is no transfer, no promises can begiven about how the new Durham County(unitary) Council would set rents or howservices would be delivered to tenants.

Tenants would still be entitled to submit aclaim for Housing Benefit.

Sedgefield Borough Homes would:

• Continue to give you five rent ‘free’ weeks –this is an annual rent converted into 47payments, rather than 52.

• Not increase rents to pay for the homeimprovements promised as part of thetransfer.

• Offer a range of payment options for rent –including more direct debit dates, internetpayments, a rent collection service forvulnerable tenants, and payment cards tolet you pay your rent at local shops.

• Provide a money advice service.

• Ensure there is a fair but firm rent arrearspolicy.

See Part C (Page 19) for more details.

12. PROTECTION OF YOURKEY RIGHTS.Your key rights would be protected throughboth your tenancy agreement and a contractbetween the Council and SedgefieldBorough Homes.

See Part H (Page 36) for more details.

KEEPING THE PROMISESIf the transfer goes ahead, SedgefieldBorough Homes would enter into a formallegal contract with the Council. This contractwould contain a legal commitment bySedgefield Borough Homes to keep all thepromises made to you in this document,including the repair and improvementprogramme.

The Housing Corporation would monitor andregulate Sedgefield Borough Homes tocheck that it meets its standards for managingand maintaining your homes and theCorporation has the power to intervene ifthose standards are not being met.

The Housing Corporation from April 2009 willpass its regulatory function to a neworganisation, the Office for Tenants and SocialLandlords (Oftenant).

4 5

What is transfer?The Council is proposing to transfer theownership and management of its homes to anew not-for-profit, local housing associationcalled Sedgefield Borough Homes.

The Council believes this is in the bestinterests of its tenants because SedgefieldBorough Homes could afford to improvehomes to a higher standard and deliver thefurther improvements tenants want to theirhomes, estates and services.

While the Council believes transfer is in yourbest interest, it will be for you, the tenants, tomake that decision in a ballot of all theCouncil’s secure and introductory tenants.

More than 200 Councils around the countryhave transferred all or part of their housing inthis way. In County Durham this includesDerwentside, Chester-le-Street andTeesdale Councils.

Sedgefield Borough Homes would be a newhousing association set up to receiveownership of the homes and would be basedhere in the Borough. Sedgefield BoroughHomes would be independent of the Council.If tenants vote in favour of transfer, it wouldapply to become a Registered Social Landlord,regulated by a Government Agency, the

Housing Corporation, and its successor, TheOffice of Tenants and Social Landlords(Oftenant).

What options were lookedat?In June 2007, the Council set up the HousingStock Options Appraisal Steering Group tolook at the future needs of the housing servicein consultation with tenants, leaseholders andthe Tenant Housing Services Group. TheGroup looked at options for delivering tenantsaspirations and considered reports fromindependent consultants. The Tenants’ Groupalso commissioned an Independent Tenants’Advisor (Priority Estates Project) to carry outconsultation exercises with tenants aboutoptions available to the Council.

More than200 Councils around

the country have transferredall or part of their housing.

transferfact

Part AThe best deal for tenants

7

Part A

6

6 second summary6 second summary

The best deal for tenants

• The Council is proposing to transfer its homes to Sedgefield Borough Homes because itdoes not have the money to meet tenants’ aspirations for their homes and estates.

• Rents would remain affordable and Sedgefield Borough Homes would have extra moneyto invest in repairs and improvements.

• Sedgefield Borough Homes would have this extra money because, unlike the Council, itwould not need to pay more than £3 million a year to the Government. This is an average of£7.49 a week per Council house to support more needy councils.

• Sedgefield Borough Homes would be able to borrow money for additional improvementsto your homes, unlike the Council.

• In the event of a "no vote" then, your landlord would still change in April 2009 when a newCouncil for County Durham is created and Sedgefield Borough is abolished.

• Transfer to Sedgefield Borough Homes can only happen if tenants vote yes in a ballotplanned for this summer.

The options considered to deliver tenantsaspirations were:

• Staying with the Council – with noincreased investment in homes or services.The Council could only pay for DecentHomes works which would mean theCouncil spending most of its designatedbudget on replacing roofs, rewiring homesand replacing boilers to meet this standard.Kitchens and bathrooms would only bereplaced when they failed the DecentHomes Standard. Since these options wereconsidered, we have learned thatSedgefield Borough Council is to beabolished and its duties transferred to anew single Council for County Durham.Under this option tenants would thereforebecome tenants of the new Council whenSedgefield Borough Council is abolished.

• Transfer – this is the transfer of ownershipof all of the Council’s homes to a not-for-profit stand-alone local housingassociation. The new organisation wouldbe free from the financial constraintsthat restrict the amount the Council caninvest to improve homes, services andestates.

Other options which were previouslyconsidered were:

• Setting up an 'Arms Length ManagementOrganisation' (ALMO) - where the Councilwould still own the housing but anotherhousing organisation would manage thehomes. This option was rejected because itwould not produce any extra funds tospend on repairs and improvements.

• Private Finance Initiative (PFI) - this involvescontracting with a private company to carryout repairs and improvements. This optionwas rejected because the Council does notbelieve that PFI offers a long-term solutionthat would deliver the money needed for allits homes.

Having fully examined these options and takenon board the views of the tenants, the Councilhas decided to offer tenants the choice oftransferring the Council’s homes to SedgefieldBorough Homes or staying under theownership and management of SedgefieldBorough Council until April 2009 when a newsingle Council for County Durham wouldbecome your landlord.

The reason for the CouncilproposalThe Council has always aimed to provide goodquality, well-managed and well-maintainedhomes at an affordable rent.

Over recent years the financial constraintsimposed by the Government have meant theCouncil has found it increasingly difficult tomeet the standards tenants want to see fortheir homes, estates and services.

This is due to the different financial rules forcouncils and housing associations.

Unlike the Council, Sedgefield BoroughHomes would not have to pay any of tenants’rent money to the Government so it couldkeep it all to invest in delivering the housingservice.

Sedgefield Borough Homes would also workunder different rules to the Council and wouldbe able to borrow money from banks toimprove homes.

In 2000 the Government set a deadline of2010 for all councils to meet the DecentHomes Standard. This is the standard that allcouncils and housing associations mustachieve. The Council’s financial position meansthat it can achieve this standard only.

Many tenants have said they want morespending on providing new kitchens,bathrooms, internal and external doors,environmental work including work toboundary walls, fences and gates. It would notbe possible to do this work if homes stayedwith the Council.

Community Safety work that the Councilwould like to do to make our communitiesmore enjoyable places to live are not part ofthe Decent Homes Standard.

In a consultation exercise carried out in theautumn of 2007, tenants told the Council that,if transfer was chosen as the way forward,they would prefer it to be to a new,independent, local housing associationestablished by the Council, like SedgefieldBorough Homes, rather than to an existinghousing association.

No other housing organisation is involvedin this proposed transfer – it would be abrand new housing association forSedgefield Borough.

The cost of decent homesand beyondIn January 2008, the Council commissionedan independent survey on the condition of itshomes. This showed that to bring them up tothe Decent Homes Standard by 2010, theCouncil would need to spend around £23 million.

Whilst the Council can afford this, it will nothave the money to do the additional worktenants have asked the Council to do tomodernise their homes and estates.

To carry out all the improvements tenants havesaid they want, would push the cost up to atotal of around £100 million in the next fiveyears. The Council simply cannot afford thecost of this investment as it would havearound £35 million to invest over the next fiveyears, a gap of £65 million.

Over the longer term the survey also showedthat £206 million would need to be invested intenants' homes in the next 30 years to keepthem up to this standard once they had beenimproved. Again, the Council cannot afford thecost of this.

The Council’s financialposition explainedUnder the current system the Council’s has topay over £3 million to the Government eachyear from tenants’ rent. This is an average of£7.49 per week for every council home.

This money, along with money from othercouncils, is paid to the Government and sentto more needy councils up and down thecountry to help repair their homes and runtheir housing services.

In addition, the Council also currently paysback to the Government, £5 million in moneyfrom the sale of Council Houses.

Why Sedgefield BoroughHomes would have extramoneyThe table below sets out the main reasonswhy Sedgefield Borough Homes could affordto carry out the plans in this document whenthe Council cannot.

The best deal for tenantsPart A Part AThe best deal for tenants

8 9

Borrowing

The Council

• The Council does not have the incomeavailable to meet the extra cost ofinterest and loan repayments on themoney it would need to borrow.

Sedgefield Borough Homes

• Being outside Government Subsidy rulesfrees up resources to finance the loansneeded to deliver the services andimprovements which tenants have said theywant. There would not be a need for rentincreases to meet borrowing requirements.

Money paid to the Government

The Council

• Over £7.49 per week, on average perproperty, paid in rent is ‘clawed back’ bythe Government to support councilhousing in other more needy areas.

• This year this totalled over £3 million oftenants’ rent and is set to increase inyears to come.


• The claw back does not apply toSedgefield Borough Homes. Rents couldbe spent on delivering the improvementsto homes, estates and services.

What transfer to SedgefieldBorough Homes means.£65 million extra for home improvements

Sedgefield Borough Homes would havearound £100 million to spend on the housingstock which is currently around 8,500properties. Over the first 5 years its plannedprogramme of works includes budgets of:

• £22.3 million to improve around 5,500 kitchens.

• £10.8 million to upgrade around 5,400 bathrooms.

• £2.7 million to install up to 5,400 over-bathshowers.

• £1.25 million to install external lights toproperties and entrances to flats – enoughfor around 5,000 security lights.

• £3.2 million for new fencing, gates andboundary walls.

• £6.5 million for new external doors, enoughfor around 16,000 doors.

• £6 million for new internal doors, around75,000 doors.

• £6.6 million set aside to improve shelteredhousing as part of the overall investmentpromises.

Improved housing servicesSedgefield Borough Homes would:

• Improve on the current decorating schemefor older and disabled tenants.

• Work in partnership to put in place ahousing maintenance handyman schemefor older tenants.

• Introduce a 24-hour freephone repairsreport line.

• Faster target response times on emergencyand urgent repairs

Continuing to deal withpeople tenants know The Council staff who currently provide directhousing services to tenants would transfer toSedgefield Borough Homes, including localEstate Officers and Sheltered Scheme Officers.They would continue to provide high qualityhousing management services.

Rents Government policy on rents applies to theCouncil and Sedgefield Borough Homes.This means that rents would be calculated inaccordance within current Governmentguidelines whether homes stay with SedgefieldBorough Council or its successor, the newsingle Council for Durham or transfer toSedgefield Borough Homes. Tenants wouldcontinue to be entitled to claim HousingBenefit after the transfer.

If you want to know more about rents andtarget rents see page 21.

Keeping promises Sedgefield Borough Council and later, the newCouncil for County Durham would monitor theperformance of Sedgefield Borough Homesto make sure it carries out the promises setout in this document. These promises wouldbe the subject of a legally binding contractbetween the Council and SedgefieldBorough Homes.

Following the local government reorganisationthe new Council for County Durham wouldcontinue to:

• Be responsible for assessing housingneeds and conditions in County Durham.

• Provide support to housing associations toassist in meeting housing need and workwith home owners to improve housingconditions.

• Have a legal obligation to provide housingadvice and assist homeless people.

• Process Housing Benefit applications,including those from tenants of SedgefieldBorough Homes.

The new Council would continue to provideother services including refuse collection,environmental health, leisure and planning.

The role of councillors The Council and its successor would nominatefour people onto the management Board ofSedgefield Borough Homes.

Tenants would still be able to ask councillorsto act on their behalf if they had problems withtheir housing just as they do now. SedgefieldBorough Homes would establish writtenprocedures so councillors could continue torepresent any concerns tenants may have. It would deal with councillor complaints andqueries raised through correspondence,telephone and e-mail.

How the price thatSedgefield Borough Homeswould pay for the homes isworked outSedgefield Borough Homes would pay theCouncil for its homes. The price it would pay isbased on a Government formula that wouldtake account of:

• The rents payable by tenants over a 30 year period.

• The cost of the programme of repairs andimprovements planned by SedgefieldBorough Homes.

• The fact that tenants keep their keytenancy rights and that the housing mustbe kept available for rent at affordablelevels set by the Government.

• The costs of managing the homes overthat period.

• The cost of carrying out the promises setout in this document.

What staying with theCouncil means If tenants vote to stay with the Council, thingswould not stay the same.

Sedgefield Borough Council will nolonger existThe Borough Council will no longer exist fromApril 2009. It will be replaced with one newCouncil for the whole of County Durham. Thisnew Council would own your homes alongwith around 20,000 others.

The Borough Council wants to give you theopportunity to vote on setting up a newhousing association in Sedgefield Borough.Sedgefield Borough Homes would be ableto increase the investment in your homes andservices, while keeping the management andownership of your homes local.

Less money for home improvementsSedgefield Borough Council estimates it wouldonly have around £35 million to spend overthe next 5 years if it was going to continue toexist. It believes that this would mean:

• There would be no new kitchenprogramme – existing kitchen units wouldonly be repaired or replaced as necessaryto meet the Decent Homes Standard.

• There would be no new bathroomprogramme – only repairs or replacementof existing bath, WC and washbasin asnecessary to meet the Decent HomesStandard.

• Over-bath showers would be restricted toadaptations for tenants with a disability.

• External lighting would only be fitted wherehealth and safety demands it.

• There would be no extra money forenvironmental works – the Council wouldonly repair fences, boundary walls, gates etc.

The best deal for tenantsPart A Part AThe best deal for tenants

10 11

Income from right to buy sales

The Council

• The Council will only be able to spend25% of the money received as 75% willhave to be paid to the Government. Atpresent this means more than £5 millionfrom these sales goes to theGovernment.


• If transfer went ahead all the money fromright to buy sales could be used locally.

The big difference between SedgefieldBorough Homes and the Council is the extramoney that Sedgefield Borough Homeswould have to improve homes and estates inthe Borough.

The Council currently has to pay over £3 millionfrom tenants’ rents to the Government formore needy councils, while SedgefieldBorough Homes would not. This extra cashwould not have to be paid to the Governmentif transfer goes ahead but would be kept andused to improve homes here in SedgefieldBorough.

That is why the Council is asking tenants toconsider transferring their homes toSedgefield Borough Homes.

The Decent Homes StandardThe Government has set a standard that allcouncil and housing association propertiesmust meet by 2010 – the Decent HomesStandard. The standard requires homes to bewind and weather proof, offer a reasonabledegree of warmth and have reasonablymodern facilities such as kitchens andbathrooms.

Over the next five years the Council expects itwould be able to spend around £35 million.This would be enough to meet the DecentHomes Standard.

However, while it can achieve this standard, itcannot meet tenants’ aspirations forinvestment in your homes and estates.

The Sedgefield BoroughHomes StandardTenants in Sedgefield Borough haveconsistently said that they want more than theDecent Homes Standard. But while theCouncil agrees that tenants deserve this higherstandard, it simply does not have the moneyto deliver it.

Part BImproving your homes

13

Improving your homesPart B

12

• Transfer would mean around £100 million could be invested in tenants’ homes in the first fiveyears – an extra £65 million more than Sedgefield Borough Council estimates it could spend.

• Improvements would include new kitchens and bathrooms (including over-bath showers),new external uPVC high security doors and new internal doors.

• Sedgefield Borough Homes would set aside a budget of £550,000 a year for five years fordisabled adaptations, which is £76,000 a year more than Sedgefield Borough Council’scurrent budget and the same again for the next five years.

• Sedgefield Borough Homes would set aside a budget of £3.2 million to improve fencing,boundary walls, gates and parking in the first five years after transfer and the same amountagain for the next five years.

• Sedgefield Borough Homes would set aside a budget of £200,000 for tenants to bid foreach year for improvements on their estates for the first five years and the same amountagain for the next five years.

6 second summary

More than £3 million of

tenants’ rent moneycurrently goes to Government

for more needy Councils.

transferfact

Part BImproving your homes

15


14

The Sedgefield Borough Homes Standardtakes the Decent Homes Standard as itsstarting point, but also includes theimprovements identified by tenants.

• Modern kitchens, including tiles and floorcovering with a choice of styles.

• Modern bathrooms with an over bathshower, tiling and a choice of styles.

• New internal doors with new door handles.

• uPVC, high security external doors.

• Smoke and carbon monoxide detectors.

More details of the Sedgefield BoroughHomes’ investment plans are set out in thenext four pages.

Sedgefield Borough Homes would put inplace a five year £100 million programme ofimprovements to bring homes up to the newSedgefield Borough Homes Standard.

Improvements to kitchens and bathroomsThe Council can only provide a programme necessary to achieve the Decent Homes Standard.

Sedgefield Borough Homes would be able to modernise more kitchens and bathrooms to bringhomes up to a higher Standard, the Sedgefield Borough Homes Standard.

The five year programmes compared

What Sedgefield Borough Councilcurrently believes it can do

Kitchens

There would be no new kitchen installationprogramme.

Repairs to individual kitchen units would becarried out where necessary to meet theDecent Homes Standard.

Bathrooms

A limited repair programme will be carriedout. This could include the separatereplacement of wash hand basins, toilets orbaths where necessary to meet the DecentHomes Standard.

Over-bath showers

There will be no money available for theinstallation of over-bath showers, unless atenant needs one because they are disabled.

What Sedgefield Borough Homes coulddo – the Sedgefield Borough HomesStandard

Around 5,500 new high quality kitchensplanned to be fitted, with:

• A range of flooring and wall tiling tochoose from.

• A range of finishes to unit doors, handlesand worktops to choose from.

• Possible redesigning to make best use ofspace, including additional wall and baseunits.

• Extractor fans (where appropriate).

• Lever taps.

Around 5,400 new bathrooms would befitted, allowing for:

• A re-design to make best use of space.

• A range of tiles to choose from.

• Extractor fans

Around 5,400 over-bath showers would be installed.




Heating systemsThe existing central heating programmewould be continue. This would include:• Replacing boilers and heating systems

where needed• Upgrading partial systems to full

systems • The use of energy efficient boilers

and thermostatic radiator valves

New bathrooms with:• Possible redesign to

make best use of space• Extractor fans• A range of tiles• Over bath showers

FencingA budget would be setaside for fencing andgates within the first fiveyears of transfer.

Internal doorsNew internaldoors fitted in homes

External doorsNew uPVC frontand rear doors.External doorswould be of a high quality and have:• High security

locks• Shoot bolts

for additionalsecurity

• Choice of styles

Electrical systems• Money set aside

for rewiring andreplacement of consumer units

• Smoke and carbonmonoxide detectorsfitted.

New high qualitykitchens with:• A range of

flooring and wall tiling tochoose from

• A range offinishes to unitdoors, handlesand worktops to choose from

• Possible redesign to make best use of space

• Extractorfans (whereappropriate)

• Lever taps • Additional wall

and base units

Improving your homesPart B Part BImproving your homes

16 17

Heating and Insulation

What Sedgefield Borough Councilcurrently believes it can do

Heating and insulation

The Council would carry out repairs to keepexisting heating systems in working order.

Installations and system upgrades will only becarried out to meet the Decent HomesStandard.

Replacement windows

There would be no new window installationprogrammes.

Replacement and repairs to individual windowswould only be carried out as necessary to meetthe Decent Homes Standard.

Electrical systems

A programme of work would be undertakento meet health and safety requirements.

What Sedgefield Borough Homes could do

A central heating programme would be inplace. This would include:

• Replacing boilers and heating systemswhere needed.

• Upgrading partial systems to full systems.

• The use of energy efficient boilers andseparate radiator thermostats.

Although the current window programme iscomplete, Sedgefield Borough Homeswould replace windows when they reach theend of their life.

£9 million set aside for rewiring andreplacement of consumer units.

Security and estate improvementsSedgefield Borough Homes would have the money to provide more secure doors and externalsecurity lights, helping to make estates safer and homes more secure.

What Sedgefield Borough Councilcurrently believes it could do

External doors

Homes would continue to have doorsrepaired and new front and rear timberdoors would be provided where necessaryto meet the Decent Homes Standard.

External and security lighting

No additional money would be available forexternal security lighting.


Fit approximately 16,000 new high qualityuPVC front and rear doors with:• High security locks.• Shooting bolts for additional security.Tenants would be able to choose from avariety of styles.

£1.25 million set aside to install security lights toproperty:

• The installation of approximately 5,000external security lights

An environment to be proud ofSedgefield Borough Homes would have the resources needed to improve estates and make theenvironment around tenants’ homes more desirable.

What Sedgefield Borough Council currentlybelieves it could do

Environmental and estate improvements

No additional money would be available andthe Council would only replace fencing in linewith its current policy.

The Council would not be able to carry outany environmental improvements.


A budget of over £3.2 million would be setaside for boundary walls, fencing, gates etc.within the first five years of transfer and sameamount again for the next five years.

Sedgefield Borough Homes would set aside£200,000 each year for the first five yearswhich tenants could bid for to deliver localimprovements on their estate and the sameamount again for the next five years.










Consultation with tenantsSedgefield Borough Homes would consulttenants individually when any improvementsare planned to their homes to make sure thatany special needs are taken into account.

Tenants would, where possible, be able tochoose what work to have done, unless thereare health and safety issues involved, or if it iswork outside the home required to repair aneighbour’s home. If, for example, a tenanthas installed their own kitchen or bathroomand does not want to change it, they wouldnot be required to have additional work done,unless there were overriding, quality or healthand safety reasons.

Good workmanshipSedgefield Borough Homes would work todeliver high quality day-to-day repairs,maintenance and improvement services.

Therewould be no

additional rent increasesfor any of these promised

improvements.

transferfact

Affordable rents now and in futurePart C

19

• Sedgefield Borough Homes would continue to offer five rent ‘free’ weeks per year and youwould still be entitled to claim benefit towards your rent if you are eligible.

• Sedgefield Borough Homes would be bound by the same Government Rent Policy asSedgefield Borough Council. The rents must be set in accordance with Governmentguidelines.

• Both Sedgefield Borough Council and Sedgefield Borough Homes believe in affordablerents now and in the future.

• Sedgefield Borough Homes’ 30-year spending plans are based on charging affordablerents throughout the life of the plan. This means no increase in rents for promisedimprovements contained in this offer.

• Sedgefield Borough Homes would not introduce any new service charges for existing services.

6 second summary

The Repairs Service

If transfer goes ahead Sedgefield BoroughHomes would:

• Plan to complete emergency repairs morequickly and to do repairs right first time.

• Offer a freephone repairs helpline and moreways for tenants to report repairs directly,for example, through the internet or by e-mail.

• Offer timed appointments through a newappointments system for all non-emergency repairs.

• Offer convenient appointments for workingtenants by carrying out normal repairs untilearly evenings on weekdays.

• Continue to provide a 24-hour emergencyservice 365 days a year.


Planned maintenanceAfter the five year improvement programme,work would carry on to help make suretenants’ homes continue to meet theSedgefield Borough Homes Standard.

Planned work would include replacing majorcomponents such as central heating, rewiring,windows, external doors, kitchens andbathrooms as they wear out, as well asupgrading or renewing roofs.

Sedgefield Borough Homes would makesure homes are well maintained. This wouldinclude:

• Servicing all gas appliances each yearthrough an appointments system.

• Decorating internal communal areas insheltered schemes and blocks of flatsevery four years where needed.

• Maintaining communal lifts, fire and smokealarms, fire safety equipment andemergency lighting and the carrying out offire safety inspections to communalbuildings.

• Setting aside around £400,000 a year forexternal painting for 30 years.


18

PRIORITY ‘A’URGENT WORK

PRIORITY ‘B’ESSENTIAL WORK

PRIORITY ‘C’GENERAL WORK

PRIORITY ‘D’NON ESSENTIAL

WORK

Respond with amaximum of one

working day.

Respond within amaximum of three

working days.

Respond within amaximum of seven

working days.

Respond within amaximum of six weeks.

PRIORITY ‘1’EMERGENCY

PRIORITY ‘2’URGENT WORK

PRIORITY ‘3’ESSENTIAL WORK

PRIORITY ‘4’GENERAL WORK

Deal with within two hours.

Deal with within amaximum of

one working day.

Deal with within amaximum of

three working days.

Completed within amaximum of eight weeks.

TYPE OF REPAIR WITH




TYPE OF REPAIR WITH

Government limits rent risesThe Government has introduced a singlepolicy for rents for all councils and housingassociations. Its aim is to make sure rents forsocial housing remain affordable and wellbelow rents set by private landlords.

Target rents are worked out for each type ofproperty. They are based on location, propertyvalue, the number of bedrooms and localaverage earnings compared with the nationalaverage earnings. Until target rents arereached, annual rent increases in any yearwould be limited to the rate of inflation plus1/2%, plus up to £2.00 per week (theGovernment formula says £2.00 per week for52 weeks but over 47 weeks, taking intoaccount the five rent free weeks, this is £2.21).

After target rents have been reached,Sedgefield Borough Homes’ financial plans arebased on following current Government policyof limiting annual rent increases to no morethan inflation plus 1/2%.

Rent ‘free’ weeksAs with the Council, Sedgefield BoroughHomes would continue to provide five rent‘free’ weeks a year. This is your annual rentcollected over 47 weeks rather than 52 weeks.

Housing BenefitTenants’ would continue to be entitled to claimHousing Benefit. Applications would still bemade to the Council, and the Council wouldcontinue to make payments to those who qualify.Tenants would still be able to have HousingBenefit paid directly into their rent account.

Advice on Housing Benefit would be availableat the Council’s offices and at SedgefieldBorough Homes’ offices.

Service chargesCertain tenants pay the cost of heating andhot water as service charges. This wouldcontinue after transfer.

Sedgefield Borough Homes would notintroduce a separate service charge for aservice tenants currently receive. It would onlyintroduce a new service that carries a separatecharge after consulting with the tenants whowould benefit from the new service.

Both the Council and Sedgefield BoroughHomes would only be able to charge tenantsthe actual cost of providing the services.

Rent arrears – firm but fairAny rent arrears owed to the Council at thetime of transfer would become payable toSedgefield Borough Homes.

Just like the Council, Sedgefield BoroughHomes would take rent arrears very seriously.All tenants would be expected to pay their rentas required under the terms of their tenancyagreement.

Sedgefield Borough Homes also realises thattenants sometimes have financial difficultiesthrough no fault of their own. SedgefieldBorough Homes would personally contacttenants who are in arrears as soon as there isa problem to try to work out a sensible way forany arrears to be paid off.

Sedgefield Borough Homes’ policies onrents and arrears would be clear and open, soall tenants could understand what is expectedof them. To help plan family budgetsSedgefield Borough Homes would provideall tenants with a quarterly rent statement.

SedgefieldBorough Homes

would be fair but firm whendealing with rents.

transferfact

Part CAffordable rents now and in future

21


20


would continue to setaffordable rents.

transferfact

Sedgefield Borough Homesbelieves in affordable rents.Here are the facts:• Just like the Council there would be one

rent increase per year each April.

• Sedgefield Borough Homes wouldcontinue to offer five rent free weeks per year. This is your annual rent paid over47 weeks rather than 52 weeks.

• Rents would rise by no more than inflationplus 1/2%, plus up to £2.00 per week untilthe target rent has been reached, asrequired by the Government formula forsocial housing rents (the Governmentformula says £2.00 per week for 52 weeksbut over 47 weeks, taking into account thefive rent free weeks, this is £2.21).

• Sedgefield Borough Homes’ spendingplans are based on rent rises of no more than inflation plus 1/2% once target rent hasbeen reached.

What would happen to rentswith Sedgefield BoroughCouncil• As things stand, the Council, if the Council

continued to exist, would continue to setrents in line with Government policy of nomore than inflation plus 1/2%, plus up to£2.00 per week until the target rent hasbeen reached (the Government formulasays £2.00 per week for 52 weeks but over47 weeks, taking into account the five rentfree weeks, this is £2.21).

• If there is no transfer, no promises can begiven about how the new Council forDurham County (unitary authority) wouldset rent or how services would be deliveredto tenants.

• The Council cannot guarantee rents ifGovernment rules change.

• Each year, the Council currently has to payback rent collected to the Government tobe used elsewhere in the country for moreneedy councils, estimated for 2008-2009to be over £3 million, an average of £7.49per week per home.

• No later than 2016/17, Council rents areexpected to be at the same level as thatcharged by local housing associations.

Better services from familiar facesPart D

23

• Sedgefield Borough Homes would be committed to providing high quality local services to tenants.

• Sedgefield Borough Homes would develop new services and improve existing ones.This would include a 24 hour repairs freephone, extending repairs appointments to theearly evenings and strengthen how it deals with anti-social behaviour.

• Sedgefield Borough Homes would have an annual budget of around £4.2 million forenvironmental improvements for the first five years with £1 million of this set aside forCouncil tenants to bid for local improvements in their area with the same amount againfor the next five years.

6 second summary

Staff would be trained in arrears management,debt management and benefits so they cangive advice to tenants to help them avoidproblems and support those households whoare in difficulty. Sedgefield Borough Homeswould also work very closely with the Council’sadvisors and would consider the introductionof Tenancy Support Officers to assist tenantsto complete forms and advise on debt andother issues.

Only in exceptional circumstances and as alast resort would Sedgefield Borough Homestake court action to end a tenancy.

Sedgefield Borough Homes would considerintroducing an incentive scheme to reward andencourage good tenants.

More ways to paySedgefield Borough Homes would seek tocontinue and develop the following paymentoptions:

1. By direct debit.

2. At Council cash offices.

3. At Post Offices.

4. By standing order.

5. By phone.

6. By debit or credit card.

7. Internet.

8. “Pay Point” cards at local shops.

9. To rent collectors for existing vulnerabletenants.

What rents would newtenants pay?New tenants are people who are not currentlysecure or introductory tenants of the Counciland who move into a home for the first timeafter the date of any transfer. SedgefieldBorough Homes plans to charge all newtenants the target rent for their home from thestart of their tenancy, plus any service chargethat is applicable. It would then plan to limitincreases to inflation plus 1/2% a year in linewith Government policy on rents.


22


would seek to provide moreways for paying your rent.

transferfact

A better serviceFollowing transfer, the Council’s housingmanagement, wardens, repairs andmaintenance support staff would transfer toSedgefield Borough Homes so tenantswould continue to deal with people they know.

Sedgefield Borough Homes would improvethe current service by:

• Improving response times on repairs.

• Extending repairs appointments onweekdays to early evenings.


• Continuing to provide a 24 hour freephonenumber to report repairs. Housing officerswould also respond to queries during officeopening hours.

• Extending the operating hours of thetenancy enforcement team so that quickeraction can be taken on nuisance and anti-social behaviour.

• Actively enforcing tenancy agreementconditions to reduce the impact of anti-social behaviour.

• Looking at new, more convenient, ways fortenants to pay their rent.

• Providing training in customer care to allmembers of staff.

• Naming the officers responsible for servicedelivery in each neighbourhood.

A tenancy reward schemeSedgefield Borough Homes would consultwith tenants about setting up a rewardscheme that could mean extra benefits ordiscounts for those tenants who keep up todate with their rent and keep to other tenancyconditions.

Dealing with complaintsSedgefield Borough Homes would recognisethat complaints from tenants can be a valuablesource of feedback on service delivery.Sedgefield Borough Homes would have aformal published complaints procedure to dealwith any complaint not dealt with informally.

Sedgefield Borough Homes would have tobecome a member of the IndependentHousing Ombudsman scheme. This allowstenants who were still unhappy after goingthrough the formal complaints procedure tocontact the Ombudsman. SedgefieldBorough Homes would be expected tocomply with any recommendation made bythe Independent Housing Ombudsman afterinvestigating a complaint.

Tenants would also be able to contact theirlocal councillors or MP in the same way as now.

Finding out what customerswantSedgefield Borough Homes would welcomeany feedback it receives from tenants andleaseholders and would use it to help identifyits strengths and weaknesses. It would alsohelp to make improvements to the service.

Sedgefield Borough Homes would carry outsurveys from time to time to find out how welltenants thought it was doing. These surveyswould use a variety of methods such astelephone interviews, feedback through e-mail,the internet, postal questionnaires or slipsreturned after repairs.

Equal opportunitiesSedgefield Borough Homes would do itsbest to provide access to information andservices in a way that suits tenants’ needs.

For people with disabilities or for whomEnglish is not the first language, it wouldprovide extra help. This could include:

• Making any published material available inappropriate formats e.g. on audio CD, indifferent languages, Braille or in large print.

• Offering to provide an interpreter wheneverpossible for anyone who needs it.

• Providing a British Sign Language (BSL)interpreter if necessary.

Sedgefield Borough Homes would adopt anEqualities Policy. This would be used to helpensure equality in the delivery of services andequality of access and opportunity inemployment.

Better services from familiar facesPart D Part DBetter services from familiar faces

24 25


would work towardsintroducing a handyman service.

transferfact

Part EAction on anti-social behaviour

27

Action on anti-social behaviourPart E

26

• Sedgefield Borough Homes would be committed to doing all it reasonably could toprovide good services to tackle anti-social behaviour and create a culture of respect.

• Sedgefield Borough Homes would play a key role in preventing anti-social behaviour fromoccurring. Sedgefield Borough Homes would:

- Work towards providing an out of hours tenancy enforcement team.

- Use CCTV and noise meters to help tackle anti-social behaviour.

- Use mediation and other measures to try to reduce anti-social behaviour.

- Take firm but fair action to tackle nuisance tenants.

- Sign up for the Government’s Respect Standard.

- Provide support to help put an end to unacceptable behaviour by tackling underlying causes.

6 second summary

SedgefieldBorough Housing

would deal with anti-socialbehaviour as a priority.

transferfact

Sedgefield Borough Homes believes that alltenants have the right to live peacefully in theirhome and enjoy their surrounding area. Notenant should be expected to suffer from anyform of harassment or anti-social behaviourwhilst in their home or in their local area.

Dealing with anti-socialbehaviourSedgefield Borough Homes would makedealing with nuisance and anti-socialbehaviour a high priority and would work inpartnership with the Police, Council and otheragencies/stakeholders to tackle anti-socialbehaviour affecting its tenants, leaseholdersand wider community.

Sedgefield Borough Homes would takemeasures to address tenants’ concerns by:

• Providing trained Local Estate and TenancyEnforcement Officers to deal with anti-social behaviour and to supportcommunities to tackle problems as they arise.

• Giving clear information about SedgefieldBorough Homes’ policies and proceduresto ensure that residents are clear on theservice standards they can expect. Therewould also be practical advice on whattenants can do to help deal with anti-social

behaviour and provide support to thosewho suffer anti-social behaviour or are tobe a witness in court.

• Giving regular information aboutperformance in dealing with complaints andanti-social behaviour. This would includepublicising the details of successful legalactions taken against perpetrators of anti-social behaviour in order that SedgefieldBorough Homes can be accountable to itstenants.

• Working with tenants, residents, otherlandlords, stakeholders, the Council andpolice to identify local solutions to localproblems, such as environmentalimprovements and physical enhancementsto properties etc.

• Including specific measures in the TenancyAgreement that deal with anti-socialbehaviour, racial and other harassment,noise and nuisance.

Services for older people and the sheltered housing service

Part F

29

• Sedgefield Borough Homes would continue to provide the housing services for olderpeople currently provided by the Council.

• Sheltered Housing Officers/Wardens would transfer to Sedgefield Borough Homes.

• Sedgefield Borough Homes would introduce an improved pensioners’ and disabledpersons’ decorating scheme.

• Tenants would be given a choice of a replacement bath with an over-bath shower whenbathroom replacement programmes are carried out.

• A range of security measures would be delivered, where appropriate, such as securitylighting, better fencing and door entry systems.

• A one-off £5,000 grant for each sheltered scheme to be spent in consultation with residents.

6 second summary

• Using starter tenancies so that new tenantsare on ‘probation’ for 12 months. Thiswould help Sedgefield Borough Homesmanage tenancies and, where necessary,make it easier to bring tenancies to an endfor those involved in anti-social behaviourand harassment.

• Taking early and firm action against tenancybreaches which blight neighbourhoods orcause nuisance to others, such as noise,untidy gardens and car repairs.

• Providing access to independent mediationsupport to help resolve neighbour disputes.

• Encouraging reporting of anti-socialbehaviour, with full support for victims andcomplainants.

• Using the legal powers available to combatanti-social behaviour. Sedgefield BoroughHomes’ policies would mean it would nothesitate to take action to resolve anti-socialbehaviour problems and seek Anti-SocialBehaviour Orders, Injunctions or DemotedTenancies, where necessary, asking thecourts to end tenancies where there is apersistent problem and tenants do not co-operate.

• Inspecting housing estates on a monthlybasis to maximise contact with localresidents to help understand where andwhy problems occur.

• Assessing the support needs of tenantsand, where appropriate, making a referralto trained Housing Support Officers thathelp vulnerable tenants establish and keeptheir tenancies.

• Working with the Police, Community SafetySection and joining in initiatives to reduceburglary and to increase people’s securityin their homes and the area they live.

• Finding out the causes of anti-socialbehaviour and aiming to deal with thosecauses.

• Working with local agencies to preventcrime and anti-social behaviour rather thanjust dealing with it when it happens.

• Aiming to ensure that when requiredTenancy Enforcement Officers attendresident meetings to discuss anti-socialbehaviour measures, to help thecommunity understand what and howeveryone can work together to resolve andtackle anti-social behaviour in their area.

• Identifying and gathering evidence of anti-social behaviour using sound recordingequipment, specialist CCTV equipment anddigital cameras. It would use thisinformation as evidence to resolve anti-social behaviour and/or neighbour disputesand/or in legal proceedings at court

Additional crime preventionmeasures Sedgefield Borough Homes would carry outsecurity improvements to homes and estates,in consultation with tenants. These wouldinclude installing new external high securitydoors to homes where required, providingsecurity lighting and upgrading door entrysystems where appropriate.

Sedgefield Borough Homes would provideregular training to its staff and tenants toensure that they are up to date/aware of thelegal system and the continuing changes thatare introduced.

Sedgefield Borough Homes would regularlyinvite tenants to join and/or contribute to anynew policies and or changes that it isconsidering that would effect how it woulddeal with anti-social behaviour.

Action on anti-social behaviourPart E

28

These improvements would include:

• Decorating services – Sedgefield BoroughHomes would improve its older anddisabled persons decorating scheme.

• Bathroom replacement programme –tenants would be given a choice of areplacement bath and a shower whenbathroom replacements are carried out.

• Adaptations for people with disabilities –disabled tenants would be consulted abouttheir needs for home improvements orpractical adaptations to help them remainin their homes longer. Increase investmentin the provision of support, aids andadaptations to tenants’ homes when theyare needed. This includes a total budget of£2.75 million over the first five years, anincrease of more than £380,000 than theCouncil could spend. The same amountwould be available again in the next fiveyears.

• Security measures – improvements such assecurity lighting, better fencing, door entrysystems, new external high security uPVCdoors. Sedgefield Borough Homes wouldalso work closely with agencies such asthe police, victim support and healthprofessionals to co-ordinate an effectiveapproach to community safety for all itstenants.

• Handyman service – many older andvulnerable tenants have told us that theywould like help with small jobs around thehome. In response to this SedgefieldBorough Homes would considerintroducing a handy man scheme to helpolder tenants with minor work around theirhomes, such as putting up pictures,changing light bulbs etc.

Service improvements forsheltered housing tenantsThe Council has always seen shelteredhousing as a vital service for older andvulnerable people.

It would make sure Sedgefield BoroughHomes not only maintains existing services

but seeks to improve them with newinvestment.

When improvements are carried out tosheltered housing schemes, SedgefieldBorough Homes would seek shelteredtenants’ views on the type of improvementsrequired.

Every tenant’s situation would be consideredand improvements designed to meet individualneeds where appropriate. If it is not convenientto carry out work, for example where a tenantis ill, Sedgefield Borough Homes would seewhether alternative arrangements can bemade to suit their circumstances.

The improvement works would be tailored tomeet the needs of each sheltered scheme andwould include:

• Up to £6.6 million to be spent on improvingsheltered housing over the first five years.

• Providing a one-off grant of £5,000 foreach scheme to be spent in consultationwith residents of the scheme.

• Upgrading existing communal TV aerialsystems to comply with moderntechnology, including digital services, earlierthan planned with the Council.

• Providing access to the internet in eachscheme and tuition on how to use it for allscheme residents.

• Carrying out a programme ofimprovements to provide moderncommunal facilities with well lit, decoratedand carpeted lounges and corridors.

• Parking improvements where possible.

• Replacing outdated electric heating and hot water systems, where required.

Tenants’views would be heard

before any work is carriedout at Sheltered Schemes.

transferfact

Part FServices for older people and the sheltered housing services

31

Transfer to Sedgefield Borough Homeswould bring much needed investment to allaspects of the housing service. One area ofparticular importance is the provision ofmodern facilities and services for oldertenants, so that they can continue to enjoytheir independence in their own home or, forthose who wish, in sheltered accommodation.

Many of the Council’s tenants are older peoplewith around 3,000 of the Council’s homesreserved for people over 60. Many otherhomes are occupied by older people, soSedgefield Borough Homes recognises howimportant it is to develop a wide range ofservices for all older tenants.

If transfer goes ahead, Sedgefield BoroughHomes would continue to provide the housingservices for older people currently provided bythe Council. This would include:

• Providing wardens for the shelteredhousing schemes. Contact with shelteredscheme residents would be maintained.

• Continuing to provide the option of thereassurance of a centrally controlled 24hour monitoring service for all shelteredhousing tenants.

• Continuing to provide the option of a 24hour lifeline service for those who do notlive in sheltered accommodation.

If the transfer goes ahead, Sheltered HousingWardens would transfer to SedgefieldBorough Homes, so tenants would still meetand deal with the people they know.

Sedgefield Borough Homes would work withthe Social Services Department of the newunitary Council and health professionals tohelp ensure the provision of care to thosetenants who need it.

Service improvements forolder peopleSedgefield Borough Homes would introducea range of services for tenants who are ofpensionable age or who are disabled, whetheror not they live in supported housing.

Services for older people and the sheltered housing servicesPart F

30


would continue to own andmanage the Sheltered Schemes.

transferfact

A powerful voice for tenantsPart G

33

• Sedgefield Borough Homes would improve tenant involvement in the housing service.

• Tenants could get involved in the management of their homes at a level that they decide suitsthem best. This could include applying to become a board member of Sedgefield BoroughHomes.

• Sedgefield Borough Homes would:

- Be committed to extending representation on tenant panels and groups.- Include a budget in its business plan for tenant participation. - Develop a new and improved Tenant Participation Compact.- Carry out regular customer satisfaction surveys.- Provide a Tenants’ Resource Centre in partnership.- Work closely with all communities.

6 second summary

The improvement programmes compared

Services for older people and the sheltered housing servicesPart F

32

What Sedgefield Borough Council currentlybelieves it could do

Improvements to sheltered schemes

The Decent Homes Standard would be metbut the Council would not be able to carry outother improvements.

Disabled adaptations

A prioritised programme of disabledadaptations would continue to be providedwithin available resources.

Increase investment in the provision ofsupport, aids and adaptations to tenants’homes when they are needed. This includesa total budget of £2.75 million over the firstfive years, an increase of more than£380,000 than the Council could spend. Thesame amount would be available again in thenext five years.


Sedgefield Borough Homes wouldmodernise existing sheltered schemes. Thiswould include:

• Improving kitchens and bathrooms as partof an overall programme of works.

• Improving security and communal facilities,such as lounges, laundries and communalbathrooms.

• Upgrading communal TV aerials to receivedigital TV earlier than with the Council.

Rent and Housing BenefitAfter transfer, sheltered housing tenants wouldcontinue to pay their rent as they do now, witha separate charge for the communal heatingand lighting. Entitlement to claim HousingBenefit would not be affected by transfer –applications would still be made to theCouncil.

Existing service charges may, under currentGovernment rules, also be covered byHousing Benefit or by the Government’sSupporting People benefit. If the Governmentmakes cuts to the Supporting People Grant,Sedgefield Borough Homes, in the sameway as the Council, would have to review anyservices that are funded directly by it.




Sedgefield Borough Homes would be atenant-focused organisation committed toinvolving tenants in the running of the housingservice. It would support tenants to becomeinvolved by:

• Providing a friendly, efficient service thatreflects tenants’ requirements andresponds to their needs.

• Developing an effective involvementframework that enables tenants to becomeinvolved at a level they are comfortablewith.

• Ensuring tenants can be involved, share inits decision-making, for example, throughtenant representative structures and byhaving tenant members on themanagement board.

• Positively promoting resident involvementby creating opportunities to celebratesuccess.

• Providing support and resources toindividuals and groups to enable them toget involved.

• Extending tenant representation on tenants’panels and make groups morerepresentative.

• Increasing the budget for tenantparticipation.

• Providing training for tenants.

• Seeking tenants’ views and encouragingparticipation, particularly of younger tenantsand Black and Minority Ethnic residents.

• Organising meetings and events at timesand venues suitable to tenants.

The Tenant CompactThe Council’s Tenant Compact was launchedin 2000 and was revised and updated in2006/7. This provided the Council with a focusfor the development of tenant participation inthe management of the housing service.Sedgefield Borough Homes would honourthe principles and standards for tenantparticipation that have already been

negotiated between the Council and itstenants and would look to build on them.

Sedgefield Borough Homes would reviewthe Tenant Compact at least every 2 years.

Providing information oninvolvementSedgefield Borough Homes would publiciseits activities and the ways in which tenantscould get involved. It would provide clearinformation about its services in a variety offormats that make them easy to understand.

It would work to develop ways of measuringand monitoring resident satisfaction withservices, for example, through questionnairesand exit surveys, the results of which would bepublicised together with what SedgefieldBorough Homes would do in response.

In addition, Sedgefield Borough Homeswould provide information about tenantinvolvement and local tenant groups at thestart of each tenancy and produce an updatedtenants’ handbook setting out the servicesavailable and the main contact points. Thiswould also give tenants more informationabout their tenancy and the policiesSedgefield Borough Homes has signed up to.

Tenants would have the opportunity to makechoices about work to be done in their homeand be invited to help decide how moneyshould be spent on environmentalimprovements in their area.

Tenant involvementThere would be a wide range of ways in whichtenants could become involved:

• Applying to become a board member ofSedgefield Borough Homes.

• Being consulted by Sedgefield BoroughHomes on policy and service issuesthrough focus groups, telephone surveysand questionnaires.

• Participating in local residents groups tobecome more involved in the local housingservice and community issues.

• Joining a tenants’ panel, or joining aworking group which might be formed todeal with one-off issues such as developinga new service.

• Becoming mystery shoppers/tenantinspectors.

• Being part of a reader’s panel.

• Being consulted on an individual basis onissues affecting tenants’ homes.

• Assisting in the production of writteninformation including newsletters.

Monitoring the quality ofserviceSedgefield Borough Homes would carry outregular customer satisfaction surveys to makesure that the service is meeting tenants’needs. It would take account of the results ofthese surveys to improve and develop theservice and it would publish findings so that alltenants know the level of service beingprovided.

Sedgefield Borough Homes wouldencourage tenants’ groups to becomeinvolved in monitoring its performance throughjoint estate inspections with tenants and theregular provision of performance reports. Itwould also produce newsletters and an annualreport to all tenants.

Equal access for AllSedgefield Borough Homes would provide acustomer focused housing service, tailoringthis to encourage equality and diversity. Theaim is to ensure all tenants can readily accessthe service irrespective of age, gender, race,disability or sexuality. To make sure that this isachieved Sedgefield Borough Homes would:

• Ensure that written information can be madeavailable in large print, Braille, on audio tapeor computer disk and in the communitylanguages found in Sedgefield Borough.

• Provide services for tenants who are hardof hearing and deaf including a British SignLanguage (BSL) interpreter if necessary.

• Ensure its offices are accessible by thosewith a physical disability.

• Work in partnership with the Council andother agencies to help ensure thathomeless, vulnerable and excluded groupsare able to access the accommodation andservices they need.

• Work with youth groups and schools toprovide new services and facilities foryounger residents.

• Work closely with Black and Minority Ethnic(BME) communities to take into accounttheir housing needs when developingservices in the future.

• Ensure tenants with English as a secondlanguage can access the services theyneed through an interpreter as required.

A powerful voice for tenantsPart G Part GA powerful voice for tenants

34 35

Tenantswould play a key role

in the running of the serviceand would sit on the board of

Sedgefield Borough Homes.

transferfact

Protecting the rights oftenantsAll the main rights Council tenants currentlyenjoy would be protected by SedgefieldBorough Homes.

Most Council tenants are secure tenants andafter transfer they would be given anenhanced assured tenancy which would mirrorthe key rights of the Council tenancy.

Introductory tenants (Council tenants whohave been given a tenancy for the first timewithin the last year) would also be given anenhanced assured tenancy on transfer toSedgefield Borough Homes.

The main difference between a tenancy withthe Council and one with Sedgefield BoroughHomes is that the rights of secure andintroductory council tenants are set down inlaw by Acts of Parliament. The rights ofassured tenants are covered partly by Acts ofParliament and partly by a legally bindingcontract (a tenancy agreement) between thetenant and their landlord.

Sedgefield Borough Homes has matchedthe current Council tenancy rights as far aspossible for transferring tenants. The Tenants’Steering Group and the Independent Tenants’Advisor were consulted in drawing up theproposed new tenancy agreement – a copy ofwhich is shown in Part M, page 57.

Tenants’main rights would

be protected if transfer goes ahead.

transferfact

Part HTenants’ rights protected

37

Tenants’ rights protectedPart H

36

• Tenants’ key rights and entitlements would be protected if transfer goes ahead.• Each transferring tenant would have an enhanced assured tenancy agreement with Sedgefield

Borough Homes, the terms of which could only be changed with the tenant’s written consent.• Existing secure tenants who currently have the Right to Buy would still be entitled to buy their

home on the same terms after transfer.• Right to buy discounts would transfer with the tenant and continue to grow to the maximum

allowed.• Tenants would still be able to pass on their home to family members, transfer and exchange

in accordance with legislation.• Tenants’ right to claim housing benefit would continue.• Sedgefield Borough Homes would use a ‘Starter’ tenancy to replace the introductory tenancy

for new tenants.

6 second summary

How the rights compare SuccessionSedgefield Borough Homes’ tenancyagreement allows the same people to takeover the tenancy (when a tenant dies) asunder a Council secure tenancy. As with theCouncil, a home can only be passed on once,other than in exceptional circumstances.

An additional right ofsuccessionThe new tenancy agreement with SedgefieldBorough Homes would ignore any previoussuccessions to the tenancy that have occurredwith the Council. This means that if thetransfer goes ahead, all tenants would startagain with a right of succession, even if theyhave already used their right of successionwhen they were tenants of the Council.

So, if for example, a tenant succeeded to asole tenancy from a joint tenancy on the deathof their partner whilst a tenant of the Council,this would be disregarded. This would thenallow a son, daughter or other close relativeliving with the tenant at the time of their deathto take on the tenancy, subject to certain rulesand provided there was no under-occupancy.This is an additional right of succession and it would not apply if the transfer did not take place.

Transfers and exchangesSedgefield Borough Homes aims to makebest use of its housing by assisting with tenanttransfers and exchanges, both within itshousing and with other landlords.

In addition to retaining the right to exchangetheir home with another tenant, SedgefieldBorough Homes would participate in thenationwide schemes that help people to moveto Council or other social housing outsideSedgefield Borough.

The right to buyAny council tenant, who has the right to buytheir home, would keep that right after transferto Sedgefield Borough Homes (known as thePreserved Right to Buy).

This right would remain with the tenant, or anymember of their family who takes over thetenancy (succeeds them). The right remains,even if the tenant later moves to another homeowned by Sedgefield Borough Homes, aslong as that home is not exempt from the rightto buy scheme. Tenants would also keep theright even if they later chose to move to acouncil home in another area. Any discountsthat would be payable under the right wouldinclude time spent as a tenant of SedgefieldBorough Homes as well as time as a tenantwith the Council.

If a tenant moved to another housingassociation, they would lose the right to buy.This is already the case for all tenants of theCouncil.

With the Council, introductory tenants do nothave a Right to Buy but Sedgefield BoroughHomes has agreed to give all transferringtenants (including introductory tenants) a rightto buy on the same terms as secure tenants.This is set out in the proposed tenancyagreement.

Some homes are currently excluded from theright to buy, such as shelteredaccommodation, and this would continue tobe the case with Sedgefield Borough Homes.

New tenants, housed by Sedgefield BoroughHomes after the date of transfer, would nothave the Preserved Right to Buy. They would,however, have the Right to Acquire (see page 40).

Tenants’ rights protectedPart H Part HTenants’ rights protected

38 39

Rights Secure tenant Sedgefield of the Council Borough Homes

transferring tenants

The right to live in your home without the threat of being evicted without good cause Yes Yes

The right to buy your home with a discount Yes* Yes

The right to acquire No Yes

The right to pass on your home when you die (succession) Yes Yes

The right to transfer and exchange your home Yes* Yes

The right to sub-let part of your home or take in lodgers Yes* Yes

The right to repair Yes Yes

The right to carry out improvements and receive compensation Yes* Yes

The right to be consulted about housing management Yes Yes

The right to information about the management of your home Yes Yes

The right to manage Yes No

The right to refuse changes to your tenancy agreement (except for rent and service charges) without your consent No Yes

*Not available for introductory tenancies

The right to manageThe only right transferring tenants ofSedgefield Borough Homes would not haveis the right to manage. Secure tenants of theCouncil have this right and it allows them toset up a Tenant Management Organisation -subject to certain rules.

This right has been in existence for manyyears but the Council has never received arequest to set up a Tenant ManagementOrganisation from its tenants.

While this statutory right does not apply tohousing associations, Sedgefield BoroughHomes is committed to working with tenantsto achieve greater tenant involvement, such as

through the Tenant Compact, and SedgefieldBorough Homes would help tenants whowished to become more involved in themanagement of their homes.

Better protection for tenantsIf transfer takes place, tenants would be askedto sign a new tenancy agreement. The rightsof tenants under the new agreement could notbe changed without their permission. Thisprovides greater protection against changes in the tenancy than exists with the Council.

RepossessionSedgefield Borough Homes believes tenantsshould feel as safe and secure in their homesas they are with the Council. While assuredtenancies can include additional grounds forpossession, Sedgefield Borough Homes hasdecided not to include any additional groundsin the new tenancy agreement. Full details ofthe proposed tenancy agreement are shown inPart M.

The right to repairIf Sedgefield Borough Homes or itscontractors fail to carry out certain types ofrepairs within set time limits, tenants canrequire Sedgefield Borough Homes toappoint another contractor to do the job. As now, tenants may have the right tocompensation if the second contractor fails todo the necessary repairs within a set time limit.

PetsTenants may keep pets whether or not thetransfer occurs so long as they observeClause 7.7 of their tenancy agreement.

Consultation with tenantsSedgefield Borough Homes would provideinformation to tenants and consult them in thesame way as the Council currently consults itssecure tenants. This is one of the terms in thetenancy agreement.

Sedgefield Borough Homes aims to improvethe ways tenants are involved in the running ofthe service.

Starter tenanciesSedgefield Borough Homes would grantpeople who become tenants after transfer a‘starter tenancy’ for their first 12 months as anew tenant. This is similar to the introductorytenancy that new tenants are given for the firstyear of being a Council tenant.

Introductory and starter tenants have fewerrights and less security of tenure than secureand assured tenants but this measure hasproved useful as a means of dealing with anti-social behaviour.

Starter tenancies would allow SedgefieldBorough Homes to take action more quicklyshould a tenant or visitor to a tenant’s homecause a nuisance to other residents or anti-social behaviour in the area. If there are nosignificant problems, the new tenant wouldbecome an assured tenant after 12 months.

.

Part HTenants’ rights protected

41

Right to buy discountsTransfer would not affect eligibility fordiscounts under the Preserved Right to Buy.Any discount built up by the time of transferwould transfer with the tenant and wouldcontinue to grow while they were tenants ofSedgefield Borough Homes.

The maximum discountUnder current rules, if a tenant buys theirhome under the Right to Buy, the amount paidis decided using a formula set by Government.The purchase price is determined by themarket value of the property less a discount(based on the number of years the purchaserhas been a Council or Registered SocialLandlord tenant). With the Council themaximum discount is currently £22,000. Thesame limit would apply after transfer toSedgefield Borough Homes.

The cost floor ruleThe ‘cost floor’ is the minimum price a tenanthas to pay to buy their home from the Councilor Sedgefield Borough Homes. The costfloor rule is set by the Government and itrepresents the amount spent by a landlord onbuying, improving or building a home and itincludes repair and maintenance costs above £5,500.

The cost floor is most relevant where alandlord has recently spent large sums buying,building or improving a property or where largesums have been spent on repairs andmaintenance. With the Council, these costsare worked out over a 10 year period.

The main difference between the cost floorthat would apply on properties bought fromthe Council and those bought fromSedgefield Borough Homes is:

• Sedgefield Borough Homes would beable to take into account all costs,including the cost of buying the homesfrom the Council, incurred during the 15years before the application to buy.

• Sedgefield Borough Homes would beable to include the cost of works whichwould be carried out to tenants’ homeswhich are set out in the section ‘ImprovingYour Homes’ even if these costs had notactually been incurred at the time of theapplication to buy (this is because the costof this repair work has been allowed for incalculating the price payable to the Councilfor the homes).

The effect of this is that the amount requiredto buy a property from Sedgefield BoroughHomes may be greater than it would be tobuy it from the Council. But this would onlyapply in a few cases. For the majority oftenants, it is unlikely that the cost floor rulewould have any effect.

The right to acquireAll tenants of Sedgefield Borough Homeswould have the right to buy their home underthe Right to Acquire scheme. This scheme isbased on a grant rather than a discount and it is usually less generous than the right to buy scheme.

The maximum grant for homes in SedgefieldBorough is currently £9,000. The Right toAcquire grant and the Right to Buy discountcannot be combined

Lodgers and sublettingTenants of Sedgefield Borough Homeswould still be able to take in lodgers and, withSedgefield Borough Homes’ consent, subletpart of their home just as they currently canwith the Council.

Tenants’ rights protectedPart H

40

Tenantswould still be able to

buy their home if they havethe Right to Buy now.

transferfact

A new landlordSedgefield Borough Homes will be set up bythe Council to provide a better housing servicefor tenants. It would not have to pay money tothe Government each year from the rents thattenants pay, as the Council does, so it wouldhave more money to invest in improvingtenants’ homes and estates.

Sedgefield Borough Homes would be a‘not-for-profit’ Housing Association whichmeans that all of its income would beploughed back into improving tenants’ homesand to provide services to tenants. The Boardmembers would be volunteers.

If tenants vote in favour of transfer, SedgefieldBorough Homes will have to be a RegisteredSocial Landlord, registered with and regulatedby the Housing Corporation. Registered SocialLandlords provide affordable rented homes topeople in housing need.

Sedgefield Borough Homes would be:

• Based in Sedgefield Borough.

• Run by a Board made up of twelvemembers. The Board is currently operatingin ‘shadow’ form and shadow Boardmembers have worked with the Council toprepare the transfer proposal.

• Registered with the Housing Corporation,the Government agency that regulatesRegistered Social Landlords in England.

Sedgefield Borough Homes Would havecharitable objects. As a charitableorganisation, Sedgefield Borough Homeswould be exempt from paying CorporationTax. This is likely to provide SedgefieldBorough Homes with a considerable financialadvantage which would allow it to maximisethe amount it can spend on works andservices for its tenants.

Many charitable Registered Social Landlordssimilar to Sedgefield Borough Homes adoptcharitable status because they carry outactivities for the benefit of the community suchas providing affordable homes to rent andsheltered housing.

As a charitable organisation SedgefieldBorough Homes would continue to offeraffordable housing to rent. SedgefieldBorough Homes would not be able to carryout extensive commercial activities.

The Board of SedgefieldBorough HomesIf transfer takes place, the Board would haveoverall responsibility for running SedgefieldBorough Homes including deciding policiesand setting budgets. The Board is made up offour tenants, four Council nominees and fourindependent people drawn from theprofessional or business sector. All Boardmembers have the same voting rights andhave a duty to act in the best interests ofSedgefield Borough Homes.

How the Board memberswere chosenThe tenant and Council Board Members wereselected by an independent interview panel.

The four Independent people were chosenwith the involvement of Board membersfollowing advertisements in the local press andthrough an interview process. They are notconnected with the Council and were chosenfor their skills and experience. They havevaluable experience and expertise (not just inhousing) to ensure the Board is able to satisfythe Housing Corporation’s strict guidance onhow the organisation should run.

Part IAbout Sedgefield Borough Homes

43

About Sedgefield Borough HomesPart I

42

• Sedgefield Borough Homes has been set up by the Council to take on theownership and management of its homes.

• Sedgefield Borough Homes would be independent of the Council.

• Sedgefield Borough Homes would be a not-for-profit organisation.

• Sedgefield Borough Homes would be locally managed.

• There would be a legally binding agreement with the Council requiring SedgefieldBorough Homes to deliver all the promises.

• Sedgefield Borough Homes would be registered with and regulated by the HousingCorporation

6 second summary

Tenant Board membersJoanne Jackson

I am a full time mother. I used to work as an IncomeTax Advisor with H.M.Revenue and Customs andhave also worked as aPrivate Secretary. I have hadpractical experience of

Council housing, both as a tenant and as amember of the Stock Options AppraisalSteering Group. I have been monitoring thedevelopment of the proposed housing transferand am keen to be involved on the Board.

Emily Jones

I have been a tenant ofSedgefield Borough for over30 years, in Newton Aycliffeand then in Ferryhill. Duringthat time I have done a greatdeal of voluntary work bothwith the Council and other

local organisations. As a volunteer for AgeConcern I am very interested in all aspects ofhousing and health, especially for older anddisadvantaged tenants. As a tenant myself Ifully understand tenants’ concerns. I have nowa great deal of training to support my voluntarywork contributing to the success ofSedgefield Borough Homes in the future.

Bernd Bangel

I have had 30 years’experience of working forLocal Authorities in Germanyand the UK. I have also beeninvolved in Youth &Community Development forover 40 years. Since retiring

from Local Government, I have worked in theprivate sector as a Consultant/Agent for anumber of German companies, representingthem in the UK and Ireland. I joined SedgefieldBorough Homes because I feel it is importantto maintain local control over the housingstock once Sedgefield Borough Council

ceases to exist as a local authority. I havebeen a Council tenant since moving to the UKin 1999 and would now like to put somethingback into the local community.

Alan B Cargill

I am 64 years old, single andlive in a Council bungalow inWest Cornforth. I ran myown haulage business until Itook early retirement in 2006.I became interested intransfer after attending an

open meeting held by the Council where Ibecame aware of the amount of money beingtaken out of Council funds to subsidise otherCouncils. I felt this was happening to thedetriment of Sedgefield Council housing. As a Board member it is my aim to retain thismoney to improve housing and the localenvironment for tenants to enjoy.

Council Board membersEnid Marion Paylor.

I am a Borough Councillor for Aycliffe West. I am also aMember for Great AycliffeTown Council. I refer tomyself as a ‘Community’Councillor, as I firmly believein working with people to

build strong, safe and clean communities,where people are proud to live. I have workedhard to combat anti-social behaviour,alongside Council officers in SedgefieldBorough, Council wardens and the police. I also work closely with Sedgefield’s JuniorNeighbourhood Watch which has helped megain an important insight into the behaviour ofteenagers and youngsters. I thoroughly enjoymy role as a Councillor, as it allows me tomeet new people and assist them with theirproblems. A happy resident makes me a veryhappy Councillor! I was delighted to beaccepted onto the Shadow Board and I see itas a major continuation of my work for thebenefit and well being of residents.

John Robinson

I have been a member of theBorough Council since 1995and have always had a keeninterest in housing. For anumber of years I was Chairand Vice Chair of theHousing Committee. As well

as being a member of the Borough Council, Iam also a member of Durham County Counciland a Non-Executive Director of Tees, Esk andWear Valleys NHS Trust. I have had vastexperience of senior management whenworking in the National Health Service andLocal Government. I joined the Board to makea positive contribution to the provision of socialhousing in the Borough and to ensure localservices to residents are well maintained.

Brian Stephens

I have been a Councillor forSedgefield Borough Councilfor the past 29 years. As wellas acting as the Chairman ofthe Housing Committee andthe Chairman of the FinanceCommittee, I was also the

Leader of Sedgefield Borough Council for 17years. During my time as Council Leader, I hadresponsibility for the Council’s budget andworked closely with the management team toimprove working conditions for staff. I havealso chaired numerous tenants’ meetings andhelped develop the Pioneering CarePartnership Centre used by carers and peoplewith disabilities. One of my proudest momentswas helping to create the CareLink system,which became the first community alarmlifeline in the country. I was also involved inbuilding a training centre at Spennymoor toallow apprentices to build bungalow schemesacross Sedgefield Borough. I joined SedgefieldBorough Homes Shadow Board because it isan exciting new venture and a completedeparture from the Council’s housing servicesI’ve been involved in before. I look forward tobringing to the board the skills and knowledgeI gained as a Councillor. I believe teamwork is

a very important factor when it comes todelivering the best possible services totenants.

Billy Waters

As a long-standing councilmember at town andBorough levels since 1976, I have a wealth of knowledgeboth in the political arena andin relation to the needs of thewider community. I believe

these are both assets that would be beneficialto the Board. I have been Spennymoor TownCouncil Leader for more than 20 years andhave held various roles in the Borough’scontrolling Labour Group. I have been aCabinet Member for Housing since 2003 andhave a deep appreciation of the desire tomake Sedgefield Borough Homes a success.I am experienced in helping to steer anorganisation, maintaining staff morale,managing staff and finances, making risk-assessed decisions, public speaking andforming good relationships with the press. I believe that the strength of any board ormanagement structure rests on team workand not individual capabilities. I believeSedgefield Borough Council and staff havedone a great deal over recent years to servethe needs of tenants, often in difficultcircumstances. I have no doubt thatSedgefield Borough Homes will possess theability and desire to meet further challenges inthe future, to the benefit of the widercommunity.

About Sedgefield Borough HomesPart I Part IAbout Sedgefield Borough Homes

44 45

Independent Boardmembers

Ian Youll

After 30 years serving thecommunity in the Fire andRescue Service, I was bothdelighted and honoured tobe selected for the ShadowBoard. After working in twolarge Metropolitan Fire

Services in the North-East and West Yorkshire,I returned to the area several years ago toserve in Durham. I currently hold responsibilityfor a number of specialist areas including Riskand Resilience, Learning and Development,Personnel, Health and Safety, Information andCommunication Technology, Research andDevelopment and Diversity. I also share corporate responsibility for theoverall performance and budgetary status ofthe service and have gained a number ofprofessional qualifications to support me in mycurrent role. As a serving fire-fighter andOperational Officer, I have attended manyincidents in people’s homes and this unrivalledexperience has taught me more about therelationship between community safety,housing provision and the broader issue ofcommunity well-being. I feel strongly that myprofessional experience will allow me to bringan added dimension to the work of theShadow Board and I look forward tocontributing towards its success.

Doug Hollingworth

My career has been largely in the housing associationsector from 1973 to thepresent day. I was at ThreeRivers Housing Associationfrom 1983 -1997 duringwhich time we were heavily

involved in several areas within SedgefieldBorough Council. Since leaving Three Rivers Ihave been working as a housing consultantwhich has involved me working with localcouncils and housing associations across theNorth of England. I have also had several periods as a BoardMember of various associations, including

Coast & Country Housing on Teesside.Additionally, I am currently an IndependentMember on Durham City Council’s StandardsCommittee, overseeing the conduct of electedmembers on the Council. I also tutor studentsat Durham University. I live in Durham and ammarried with two grown-up sons. I amprimarily interested in being on the ShadowBoard to ensure that the best possible housingassociation is set up, one that delivers a gooddeal for tenants. I am also very committed tohigh standards of conduct by Board Membersand Officers and will do my best to see thatthe highest standards of governance andprobity are delivered at all times.

Julia Histon

I spent the first 14 years ofmy career in social housingmanagement but broadenedmy career by moving intoregeneration programmemanagement in 1999. I stillcover housing, particularly

housing market renewal and a wide range ofneighbourhood renewal issues as well. In mycurrent role, I am responsible for drivingforward a large regeneration project inHartlepool called Victoria Harbour. Sincemoving over to regeneration I have worked onprojects in Newcastle’s West End as aprogramme manager for Newcastle’s NewDeal for Communities (NDC), a programmemanager for NDC Hartlepool, an assistantDirector for NDC Hartlepool and a housingregeneration director for Hartlepool Revival.While working in social housing management Iworked my way up from being anadministration assistant to becoming aspecialist in tenant and resident involvement inmy last three roles. Tenant involvement hasbeen an integral part of my entire career but Ihave also had experience in generalmanagement, and risk management. Bybecoming involved in Sedgefield BoroughHomes’ Shadow Board I have been able toput my wider management knowledge andexperience to practical use. I also live inSedgefield and would like to give somethingback to the community.

About Sedgefield Borough HomesPart I Part IAbout Sedgefield Borough Homes

46 47

Geoffrey O’Hehir

I own my own business andhave worked as a CharteredAccountant for the past 38years, giving me widespreadpersonal and business skillswhich I can offer toSedgefield Borough Homes’

Shadow Board. Throughout my professionallife I have been involved in managementaccounting, and having had my own publicpractice in Spennymoor for the last 22 years. Iam confident that I can contribute to theboard’s financial expertise. In order to run mybusiness effectively I have developed verystrong interpersonal skills and aspects of myjob such as dealing with clients, staff, bankers,insurers and financiers have all been integralparts of my career. I decided to join theShadow Board of Sedgefield’s new HousingAssociation as I have always been interestedin community service and am pleased to helpthe new housing association in anyway I can.

Payment of Board membersAlthough the Housing Corporation allowspayment, the Board of Sedgefield BoroughHomes has determined that its memberswould not be paid and they have beenrecruited to serve on a voluntary basis. Boardmembers are entitled to claim out of pocketexpenses when incurred in carrying outSedgefield Borough Homes’ business.

How Board members wouldbe chosen in futureThe current Shadow Board Members will serveuntil the first annual general meeting (AGM) ofSedgefield Borough Homes after the transfertakes place. Retiring Board members wouldbe eligible for re-selection.

Council Board members would continue to benominated by the Council and hold office for amaximum three year period. They would thenbe eligible for nomination by the Council again.

Independent and Tenant Board Memberswould serve for a maximum term of threeyears before retiring in rotation, and maychoose to offer themselves up forreappointment. Tenant Board Members wouldbe elected by tenants and details of the

process would be widely advertised. Newindependent Board members would bechosen for their skills and recommended forelection at the AGM of Sedgefield BoroughHomes. This would provide continuity and aprocess for gradual renewal of the Board.Independent Board members would beelected by all the members of SedgefieldBorough Homes

The transfer of existinghousing staffSedgefield Borough Homes would employpaid staff to run the housing service on a day-to-day basis. If the transfer goes ahead, staffcurrently working directly for the HousingDepartment would transfer to SedgefieldBorough Homes with their conditions ofemployment at the time of transfer protectedunder the Transfer of Undertakings Protectionof Employment (TUPE) regulations.

Sedgefield Borough Homes recognises that itsstaff would be its greatest asset and it wouldset out to be an employer that people wouldwant to work for. Its aim would be to retainand attract quality staff by making theirworking experience rewarding, challenging andenjoyable. There would be a comprehensivetraining programme for staff and acommitment to the expansion of training andemployment opportunities locally.

Regulation and inspectionThe Housing Corporation (to be replaced bythe Office for Tenants and Social Landlords in2009) is the Government agency thatregulates all Registered Social Landlordsincluding Sedgefield Borough Homes.Sedgefield Borough Homes must achieveregistration with the Housing Corporation as aRegistered Social Landlord before a transfercan take place.

Youwould continue

to see the same familiarfaces running your service.

transferfact

The legal requirement to consult tenantsPart J

49

The Housing Corporation:

• Has established a regulatory code withwhich all Registered Social Landlords mustcomply. The code sets out HousingCorporation regulations which allRegistered Social Landlords must follow.These are set to ensure that tenants’ rightsare protected, services are of a high qualityand financial management is sound.

• Monitors the performance of RegisteredSocial Landlords to ensure theseexpectations are met. If SedgefieldBorough Homes did not meet theseexpectations, the Housing Corporationwould have the power to intervene andsupervise if necessary.

In January 2007 the Government announcedthat it planned to split the activities of theHousing Corporation. The regulation andregistration functions are to transfer to a newindependent social housing regulator, theOffice for Tenants and Social Landlords(Oftenant).

Through its housing inspectorate, the AuditCommission would also have a role inchecking the standard of service delivered bySedgefield Borough Homes.

The finances of Sedgefield Borough Homeswould also be monitored by external auditors.This means there would be safeguards inplace to prevent Sedgefield Borough Homesgetting into financial difficulties. The Office forTenants and Social Landlords would monitorthe financial performance of SedgefieldBorough Homes during its early years ofoperation and is able to take action if anyRegistered Social Landlord gets into financialdifficulties to make sure, as far as possible,that tenants are protected.

Working closely with theCouncilBefore the transfer takes place SedgefieldBorough Homes would be required to enterinto a legally binding contract with the Council.This agreement would allow the Council totake action if promises made to tenants arenot being kept by Sedgefield BoroughHomes.

Tenants would be protected by arrangementsset up by the Council to monitor SedgefieldBorough Homes’ performance. As part ofthose arrangements in the early years followingtransfer, the Council would have to beconsulted on any proposed changes to thetenancy agreement before the written consentof tenants is sought.

Priority would be given to housing people inthe greatest housing need. SedgefieldBorough Homes would also assist theCouncil in fulfilling its legal duty to househomeless people. Sedgefield BoroughHomes would try to match the propertiesavailable to the circumstances of peopleneeding housing. It would continue to makeappropriate lettings in sheltered housingschemes.

Sedgefield Borough Homes would workclosely with the Council to ensure emptyhomes are allocated in a way that promoteschoice, considers peoples’ needs andencourages the development of sustainableand balanced communities. SedgefieldBorough Homes would aim to ensure thatproperties are let quickly and efficiently, andthat the time properties remain empty is keptto a minimum.

Sedgefield Borough Homes would continueto operate a tenants’ transfer and exchangepolicy like the Council does. This would enabletenants who need to move to bigger or smallerproperties or to another type or location ofproperty to be considered for a move. Withinits policy Sedgefield Borough Homes wouldinclude measures to respond to the possiblere-housing needs of victims of harassment anddomestic violence.

Sedgefield Borough Homes would work inpartnership with the Council to introduce aChoice Based Lettings scheme, in line withcurrent Government policy. Under this schemehousing and transfer waiting list applicantswould need to respond to adverts that listavailable properties. The Council would beable to provide applicants with up-to-dateinformation on the demand for different typesof property, indications of likely waiting times,details of rent and services and details ofproperties. This would give applicants theopportunity to make a much more informedchoice when applying for properties.

About Sedgefield Borough HomesPart I

48

The next stepsPart K

51

The law which states that councils have toconsult their tenants about proposed transfersof council housing is set out in Section 106Aand Schedule 3A of the Housing Act 1985.The Council and the Communities and LocalGovernment Department must have regard tothe views of the Council’s secure andintroductory tenants in considering any transferproposal.

The Council must give tenants a noticeinforming them of:

• Such details of the proposal that theCouncil considers appropriate, includingthe identity of the organisation to whom thetransfer is to be made,

• The likely consequences of the transfer forthe tenant, and

• The effects of the provisions of Schedule3A Housing Act 1985 and, in the case ofsecure tenants, of Sections 171A to 171HHousing Act 1985 (Preservation of Right toBuy on transfer).

The details and consequences are set out inthis document.

The effects of the provisions of Schedule 3AHousing Act 1985 are:

• The Council must first serve on tenants anotice (the Stage 1 Notice) giving them theinformation listed above and informingthem that they may make representationsto the Council. This document and theletter accompanying it, forms the Stage 1 Notice.

• The Council must consider therepresentations it receives from tenants.

After considering those representations, theCouncil must serve a further written notice toall secure and introductory tenants (the Stage2 letter) informing them of any significantchanges to the proposal and that they maywrite to the Communities and LocalGovernment Department with any objectionsto the proposal within a period of not less than28 days.

This 28 day period begins when the Council’sStage 2 letter is sent to tenants. TheCommunities and Local GovernmentDepartment will take objections into account inconsidering any application from the Councilfor the necessary consent to transfer thehomes.

The legal requirement to consult tenantsPart J

50

The timetable for consultation

Part KThe next steps

53

Tenants are invited to comment on the transferproposal set out in this document. Commentsshould be sent to the Council by 27th June2008 and a postage paid tear off responseform has been included at the back cover ofthis document.

The Council will consider all commentsreceived before it decides whether:

(a) To amend the proposal

(b) To proceed with the transfer proposal, or

(c) To stop further work on developing thetransfer proposal

In any case the Council will inform tenants ofits decision by letter. Tenants will be told of anychanges the Council intends to make to thetransfer proposal in the light of what tenantshave said.

If the Council decides not to proceed, it willmeet and maintain homes at the Government’sDecent Homes Standard.

If the Council decides to proceed, tenants willbe advised of the date of the ballot and thatthey may pass any objections they may haveto the Communities and Local GovernmentDepartment.

How a ballot would workThe Council can only transfer homes toSedgefield Borough Homes if a majority oftenants voting in the ballot are in favour of thetransfer proposal. If the Council decides to goahead, it will arrange for a secret postal ballotto be organised by the Electoral ReformServices, who are independent of the Counciland Sedgefield Borough Homes.

Leaseholders are being invited to give theCouncil their views on the proposed transfertoo, but they would not be asked toparticipate in the ballot.

If there is a yes vote, the Council would thenask the Communities and Local Governmentminister to give consent to the transfer. TheCouncil would then proceed to transfer itshousing to Sedgefield Borough Homes.The transfer would be likely to happen in March 2009.

Independent advice fortenantsThe Sedgefield Tenants’ Steering Group hasappointed Priority Estates Project to provide free independent advice andinformation to all tenants andleaseholdersthroughout thetransferconsultation.

Priority EstatesProject is a veryexperiencedIndependentTenants’ Advisor.If tenants are concerned about any aspect ofthe proposal and want independent advicethey can contact Priority Estates Project bytelephoning them on Freephone 0800 3280845.

If calls are made out of office hours a messagecan be left and Priority Estates Project willreturn the call within one working day.Alternatively tenants can e-mail John Edwardsat Priority Estates Project [email protected], or further information isavailable on their website at www.pep.org.uk.

See Part L for more contacts.

The next stepsPart K

52

Transfer canonly go ahead if the

majority of tenants vote in favour.

transferfact

Date

30th May – 27th June

Early July

Early July

4th July – 1st August

Activity

This is the period of formal consultation on this ‘offer document’ (calledStage 1). Council staff will take every opportunity to meet tenants todiscuss the proposal. There will be meetings for tenants, home visitsby staff, and a short DVD produced by the Council.

The Council will consider tenants’ comments on the transfer proposal.The Council will decide whether this proposal needs to be altered andwhether to go ahead with the ballot of all the Council’s secure andintroductory tenants. If the Council decides not to go ahead with theballot then the process stops and the transfer proposal goes nofurther.

If the Council decides to go ahead tenants would be sent a lettercalled the Stage 2 letter. This would describe what changes, if any,have been made to this proposal and whether the Council has decidedto proceed to a ballot. It will also explain each tenant’s right to makerepresentations to the Communities and Local GovernmentDepartment.

A confidential ballot would be organised by an independentorganisation, Electoral Reform Services. Every secure and introductorytenant would have a vote; this means that joint tenants would eachhave separate ballot papers. Neither the Council nor SedgefieldBorough Homes would know which way tenants have voted.

What is transfer?The following documents may be useful inconsidering the transfer proposal. They areavailable from the Council by callingFreephone 0800 066 5697 or [email protected].

1. The Housing Corporation’s Charter forHousing Association Applicants andResidents. This document sets down thestandards of service tenants can expectfrom Sedgefield Borough Homes basedon the Housing Corporation’s guidelines.Published by the Housing Corporation.

2. The Housing Corporation’s registrationcriteria. These set out the specificregistration requirements, and provideguidance to organisations seekingRegistered Social Landlord status.

3. The Housing Corporation’s RegulatoryCode. This sets out the HousingCorporation’s expectations of the way inwhich Sedgefield Borough Homes wouldoperate including the protection of tenants’rights, the standards of service providedand the viability of the organisation.Published by the Housing Corporation.

4. Sedgefield Borough Council’s TenantsCompact. This is the binding agreementbetween tenants and the Council thatgoverns tenant involvement in housing andthe level of services tenants can expect.Sedgefield Borough Homes would aim toadopt the standards set out in theagreement and would seek to enhance it.

Part LOther useful information

55

Other useful informationPart L

54

Tenancy agreementPart M

57

Sedgefield Borough CouncilCouncil OfficesSpennymoorCo. DurhamDL16 6JQ01388 8161660800 066 [email protected]

Communities and Local GovernmentZone 2/D1 Eland HouseBressenden PlaceLondonSW1E 5DU020 7944 4400www.communities.gov.uk

National Housing FederationLion CourtProcter StreetHolborn LondonWC1V 6NY020 7067 1010www.housing.org.uk

Independent Tenants’ AdvisorPriority Estates Project Limited (PEP)ChatterleyWhitfield Enterprise CentreStoke on Trent0121 601 53900800 328 [email protected]

The Housing CorporationStock Transfer Registration UnitAttenborough House109-119 Charles StreetLeicesterLE1 1FQ0116 242 4879www.housingcorp.gov.uk

Independent Housing OmbudsmanNorman House105-109 StrandLondonWC2R OAA0845 712 5973www.ihos.org.uk

Other useful informationPart L

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Assured (non shorthold) Tenancy Agreement- TransferringTenants

THIS TENANCY AGREEMENT IS BETWEENOur name and address …..…..…………………………………………………..

(‘we’ ‘us’ or ‘our’) of …………………………………..

…………………………………………………………..

We are registered with the Housing Corporation under section 3 of the Housing Act 1996

Name of Tenant And ……………………………………………………..

…...……………………………………………………..

………………………………………..…………………

(‘the Tenant’ or ‘you’) (In the case of joint tenants, the term ‘Tenant’ or ‘you’ applies to each of you and the names of alljoint tenants should be written above. Each Tenant individually has the full responsibilities and rights set out inthis tenancy agreement.)

Address In respect of …………………………………………….

…………………………………………………………….

…………………………………………… (‘your home’)

Description of your home Which comprises ………………………………………..

…………………………………………………………….

…………………………………………………………….

Charitable status The home that is the subject of this tenancy is held by a charity.

Payments for your home The weekly payments for your home at the start of this tenancy are:

(i) rent of £............(ii) rent arrears of £............ payable at £............ per week

Service charge £………………………………………………………….

£………………………………………………………….

Other Charges £………………………………………………………….

Total weekly payment £………………………………………………………….

Part MTenancy agreement

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Tenancy agreementPart M

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What is in the document?This document contains the form of tenancyagreement tenants would have withSedgefield Borough Homes if transfer goesahead.

This tenancy agreement has been designed toensure that tenants’ rights are protected iftransfer goes ahead and tenants have beenfully consulted on its development. If transfergoes ahead, introductory tenants wouldbecome assured tenants of SedgefieldBorough Homes from the date of transfer, inexactly the same way and with all of the samerights as secure tenants. In effect, forintroductory tenants the probationary periodwould come to an end on transfer, even if theperiod has not run into its full 12 month term.

If transfer goes ahead, Sedgefield BoroughHomes would give tenants a new Tenants’Handbook.

Sedgefield Borough Homes' proposed newtenancy agreement

A tenancy agreement, in substantially thisform, would be issued as soon as possibleafter transfer to each transferring secure andintroductory tenant except:

• Where tenants have a valid PossessionOrder in force against them.

• Where tenants have been served with avalid Notice of Intention to SeekPossession.

• Where tenants have ongoing possessionproceedings at the time the transfer takesplace.

• Where tenants have been issued with ademotion order.

• Where introductory tenants, only, havebeen served with a valid notice ofpossession proceedings.

In these cases, the new Tenancy Agreementwould be issued if:

• The Possession Order is discharged.

• The Notice of Intention to Seek Possessionis withdrawn or expires.

• If the tenant complies with a demotionorder and the demotion period comes toan end.

• If the Court decides when finallydetermining the proceedings not to make aPossession Order.

In the meantime, these tenants would becometenants of Sedgefield Borough Homes like allother remaining tenants.

Sedgefield Borough Homes would be ableto enforce the Possession Orders that theCouncil had obtained prior to transfer and mayalso be able to obtain Possession Orders fortenancy breaches where the Council hasserved notices before the transfer takes place.

Sedgefield Borough Homes would also beable to take action on tenancy debts owed tothe Council before the transfer went ahead.

CONTENTS

Condition 1 Definitions

Condition 2 Introduction

Condition 3 Your rights

Condition 4 Our responsibilities

Condition 5 Repairs and maintenance – your responsibilities

Condition 6 Rent and other payments – your responsibilities

Condition 7 Your general responsibilities – living in your home

Condition 8 Your general responsibilities – living in your community

Condition 9 Moving home – your responsibilities

Condition 10 Enforcement/ending your tenancy

Condition 11 Service of notices and requesting our written consent

Condition 12 Grounds for possession

Tenancy agreementPart M Part MTenancy agreement

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The tenancy

This tenancy begins on ……………….....………………… for a week and thereafter weekly untilbrought to an end, and it is an assured non-shorthold tenancy the terms of which are set out inthis tenancy agreement.

SIGNATORIES

Signed on behalf of the landlord……………………………………………………

I/we have been given an opportunity to read the terms and conditions of this tenancy agreement.I/we understand that I/we should not sign it unless I/we are prepared to agree to keep to theterms and conditions.

Signed by the Tenant…………….……………………………………...........................………………

…………………………………………………………………………………..........................…………

If this is a joint tenancy, each Tenant should sign.

Date…………………………………………………………………………….........................…………

We are subject to any guidance on housing management practice issued by the HousingCorporation with the approval of the Secretary of State and this tenancy is one to which thatguidance applies.

Equality and Diversity

We want Sedgefield Borough Homes to be an organisation where no one experiencesdiscrimination or disadvantage because of race, nationality, ethnic or national origin, religion orbelief, gender, marital status, sexuality, disability, age or any other unjustifiable reason.

We want all our staff and customers to feel safe from harassment and to be able to access highquality services designed to respond to their individual diverse needs.

We are determined to meet our legal duties relating to equality and are committed to reducingdisadvantage, discrimination and inequality of opportunity. However, beyond these, our aim is tomake Sedgefield Borough Homes a landlord which treats everyone as an equal citizen, in thelight of their different needs and where the diversity of our community is recognised, supportedand valued. To do this we have set in place a planning, monitoring and review structure toaddress the equality and diversity agenda, channelled through our Equality Policy.

1. DEFINITIONSAnimal – includes bird, insect, reptile, spider,fish or mammal.

Anti-social behaviour – An act or failure to dosomething that causes or is likely to causenuisance, annoyance, harassment, alarm ordistress to anyone.

Assignment – where a tenancy is legallytransferred from the original tenant to anotherperson and the original tenant 'drops out'.The rights and responsibilities of the tenancymove across to apply to the new tenant ratherthan the original tenant. See condition 7.1.2.

Communal areas – the parts of the buildingwhich all tenants or any other person can use,for example, halls, stairways, entrances,landings, communal gardens, lawns andlandscaped areas.

Demotion of tenancy – demotion of a fullassured tenancy following a Court Order as aresult of anti-social behaviour – similar to astarter tenancy – with loss of rights includingRight to Buy and Right to Exchange.

Exchange – to swap the tenancy with anotherperson.

Fixtures and fittings – for example kitchenunits and appliances, sanitary ware, plumbingand shower and heating systems, electricalcircuits, sockets, switches, lamp holders,doors, locks, glazing, fitted wardrobes andshelves, fires and surrounds, aerials, sheds,conservatories and garages.

Garden – can include lawns, hedges,flowerbeds, trees, shrubs, outside boundarywalls, fences, paths and yards.

Improvement – any alteration or addition toyour home.

Lodger – a person who pays you money to letthem live in your home with you.

Neighbour – includes everyone living in thelocal area, including other tenants, people whoown their own homes and local businesses.

Partner – husband, wife, partners who live ashusband and wife, or partners in a same sexrelationship.

Relative – parent, child, grandparent,grandchild, brother, sister, uncle, aunt,nephew, niece, step-relative and adoptedchild.

Rent – payment made by a tenant foroccupation of the property.

Sublet – giving another person the exclusiveright to live in part of your home.

Sheltered accommodation – housing whichis purpose built or converted exclusively forsale to older people with a package of estatemanagement services and which consists ofgrouped, self-contained accommodation withan emergency alarm system, usually withcommunal facilities and normally with aresident warden.

Vehicle – this includes, for example, car,motorbike, bike, moped, boat, caravan, van,minibike, trailer, mobility scooter.

Visitor – people not living with you but whocome to see you at your home.

Written permission – a letter from us givingyou the permission to do something.

2. INTRODUCTION2.1 This agreement is the document you

sign when you become a tenant and isa legally binding contract between usrecording information such as yourname, the date you become our tenantand the initial rent.

2.2 It describes your rights andresponsibilities as the tenant and therights and responsibilities of us as yourlandlord. You must read this agreementin full before you sign. Furtherinformation is provided in the Tenants'Handbook (a copy of which has alreadybeen provided to you).

2.3 If this is a joint tenancy each joint tenantmust comply with the obligations underthis agreement and is responsible forthe acts and conduct of all other jointtenants, members of their household orvisitors to your home.

2.4 You can keep your home for as long asyou want unless there is a legal reasonwhy we can take it back. We can onlytake back your home with the approvalof the Court.

2.5 If we take enforcement action againstyou due to anti-social behaviour, non-payment of rent or any other reason,this could lead not only to the loss ofyour home but may also make youineligible to obtain accommodation fromus in the future, even if you becomehomeless.

2.6 We may seek to recover possession ofyour home if you have obtained yourtenancy by providing misleadinginformation.

2.7 Except for any changes in rent orservice charges this tenancy agreementmay be altered only with the writtenconsent of both you and us.

3. YOUR RIGHTS3.1 Right to occupy

3.1.1 You have the right to occupy your homewithout interruption or interference fromus for the duration of this tenancy(except for the obligation contained inthis tenancy agreement to give accessto our employees or contractors).

3.1.2 Your right to occupy your home is atrisk if you do not comply with the termsof this tenancy agreement or haveproper respect for the rights of othertenants and other persons in theneighbourhood.

3.2 Succession

If you die, certain people, who arespecified in condition 3.2.1 below, maysucceed to this tenancy. This condition3.2 will not apply if you have alreadysucceeded to this tenancy (either undercondition 3.2 in this tenancy or similarsuccession conditions in a previoustenancy which we granted).

If you were granted this tenancy on thetransfer of your home from SedgefieldBorough Council to us, we will not takeaccount of any successions before thedate of the transfer.

We will normally only allow onesuccession. We may allow furthersuccessions, at our discretion.

In certain circumstances, if the propertyis larger than the needs of thesuccessor or has been provided oradapted for an older or disabled personand the successor is not older ordisabled, the successor will be offeredsuitable alternative accommodation.

3.2.1 People entitled to succeed to thistenancy

a If you are a joint tenant and you diethen the tenancy may continue inthe name of the remaining tenant.


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3.6 Right to repair

You have the right to have certainurgent minor repairs done quickly andat no cost to you where the repair mayaffect health, safety or security, andwhere the repair has not beencompleted within a specified timescale.We will give you full details of the Rightto Repair Scheme including a scheduleof qualifying repairs upon request.Under the Right to Repair Scheme, wemust pay you compensation ifqualifying repairs are not done withinset timescales.

3.7 Right to consultation

We will consult you, on mattersaffecting your home and your tenancy,before making changes in matters ofhousing management or maintenancewhich are likely to have a substantialeffect on your tenancy.

3.8 Right to information

3.8.1 You have a right to information from usabout the terms of this tenancy andabout our repairing obligations, ourpolicies and procedures on tenantconsultation, housing allocation andtransfers, and our performance as alandlord.

3.8.2 We will provide you with information onour housing management policies asrequired by the guidance issued by theHousing Corporation under theprovisions of Section 36 of the HousingAct 1996.

3.8.3 You have a right to see the informationwe keep on file about you or yourhome if you ask to see it. Informationwill be made available at reasonabletimes and reasonable charges may bemade for copies. The information youare able to see will be subject to dataprotection rules so, for example, youwill not be able to see information wereceive from others in confidence.

3.9 Right to exchange

3.9.1 You have the right to exchange thistenancy by way of assignment with thatof another assured periodic or securetenant of a registered housingassociation or a local authority subjectto first getting our written consent. Wewill only refuse consent in the samecircumstances where a council landlordwould be able to refuse consent.

3.9.2 You must not charge any premium inrelation to an exchange of this tenancy.

3.10 Preserved right to buy

3.10.1 As long as you qualify under thelegislation, you have the preserved rightto buy your home under the HousingAct 1985 and the Housing(Preservation of Right to Buy)Regulations 1993 as amended.

3.10.2 If you were an introductory tenant ofthe Council immediately before webecame your landlord, we will give youa right to buy your home as far aspossible on the same terms as thePreserved Right to Buy.

3.10.3 If you die, the person who takes overthe tenancy under the successionrights in Section 3.2 above will alsotake over your Preserved Right to Buy(if you had that right).

3.10.4 You will not be able to exercise the rightto buy your home if you live in shelteredhousing, or other housing excludedfrom this legislation.

3.10.5 To avoid doubt, if you became thetenant under this Tenancy Agreementfollowing an exchange (under condition3.9 above), you do not have apreserved right to buy unless you hadthat right under a previous tenancywhich we granted to you.


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b If you are not a joint tenant and youdie, the tenancy may pass to yourwife, husband, civil partner orpartner (this includes same sexcouples) provided he or she livedwith you in your home as theirprincipal or only home at the time ofyour death.

c If you are not a joint tenant and youdo not have a wife, husband, civilpartner or partner (this includessame sex couples) who lived withyou in your home as their principalor only home immediately prior toyour death, the tenancy may passto a member of your family wholived with you in your home (as theirprincipal or only home) for at leasttwelve months prior to your death.A person is a member of your familyif they are your parent, child,grandparent, grandchild, brother,sister, uncle, aunt, nephew, niece,step-relative or adopted child.

If more than one member of yourfamily has a right to the tenancythey should agree who will claim it.If they cannot agree, they should allmake a claim to us in writing withinthree months of your death and wewill decide to whom we will offer thetenancy. We will advise who thesuccessful claimant was to everyonewho makes such a claim.

3.2.2 Special succession rights

If inheritance rules do not allowsomeone who qualifies under condition3.2.1c above to take over this tenancy,we may use Ground 7 to end thistenancy agreement and grant thatperson a new tenancy of your home.If your home has been speciallyadapted and no one living in your homeneeds that adaptation or if your homewould be larger than the person entitledto a new tenancy reasonably requires,we may offer them a tenancy of a moresuitable home owned by us. The newtenancy will be on the same terms as

this tenancy other than in relation torent, service charge and succession.

3.3 Right to take in lodgers and sub-letpart of your home

3.3.1 You may take in any persons as lodgersas long as you do not grant a sub-tenancy or exceed the number ofpeople allowed to live in your home.

3.3.2 As long as you first get our writtenconsent, you may sublet part of yourhome. We may give consent subject toreasonable conditions. You must notgrant a sub-tenancy of the whole ofyour home.

3.4 Right to make improvements

Provided that you have first obtainedour written consent and all othernecessary approvals (for example,planning permission or buildingregulations approval) you may makeimprovements, alterations and additionsto your home. These could includeputting up a television aerial or satellitedish, external decoration, additions oralterations to our installations fixturesand fittings, conservatories, garages,outbuildings, sheds, greenhouses,garden ponds, boundary walls, fences,surveillance equipment, driveways orcar hard standings. There is no chargefor seeking this permission.

We will not unreasonably withhold ourconsent but may make it conditionalupon the work’s being carried out to acertain standard. Failure to seek ourconsent or to comply with ourconditions shall be a breach of yourobligations under this tenancy.

3.5 Compensation for improvements

You have the right to claimcompensation for certain improvementswhich you have made to your homeafter a certain date. You can only applyfor compensation when your tenancyends. We will give you full details of thescheme and the qualifyingimprovements upon request.

3.11 Right to Acquire

3.11.1 You have the right to acquire yourhome under the Housing Act 1996,unless you live in sheltered housing orother housing excluded from this rightby that legislation, in which case youwill not be able to exercise this right.

3.12 Preserved Rights

So far as possible, we agree to giveyou the rights in conditions 3.3 to 3.9above as they apply to a secure tenantof a Council landlord and as if Sections92-101, 104–106 and Schedule 3 ofthe Housing Act 1985 applied to thistenancy.

4. OUR RESPONSIBILITIES4.1 Possession

We will give you possession of yourhome at the start of the tenancy and willnot interrupt or interfere with your rightpeacefully to occupy your home exceptwhere:

4.1.1 Access is required subject toreasonable notice, to inspect thecondition of your home or to carry outrepairs or other works to your home oradjoining property; or

4.1.2 We are entitled to possession at theend of the tenancy.

4.2 Insurance

We will insure the structure (but not thecontents) of your home.

4.3 Repair of Structure and Exterior

We will keep in good repair the structureand exterior of your home including:

4.3.1 drains, gutters and external pipes.

4.3.2 the roof.

4.3.3 boundary walls, outside doors,windowsills, window catches, sashcords and window frames includingnecessary external painting anddecorating.

4.3.4 internal walls, floors and ceilings, doorsand door frames, door hinges andskirting boards but not including internalpainting and decoration.

4.3.5 chimneys, chimney stacks and flues butnot including sweeping.

4.3.6 pathways, steps or other means ofaccess.

4.3.7 plasterwork.

4.3.8 integral garages and stores.

4.3.9 boundary walls and fences.

4.4 Repair of Installations

We will keep in good repair and properworking order any installation providedby us for space heating, water heatingand sanitation and for the supply ofwater, gas and electricity, including:

4.4.1 basins, sinks, baths, toilets, showersinstalled by us (or the Council), flushingsystems and water pipes.

4.4.2 electric wiring including sockets andswitches, gas pipes and water pipes.

4.4.3 water heaters, fireplaces, fitted fires andcentral heating installations.

4.5 Repair of Communal Areas

We will take reasonable care to keepthe common entrance, halls, stairways,lifts, passageways, rubbish chutes andany other communal areas, includingtheir electric lighting, in reasonablerepair and fit for use by you and otheroccupiers of and visitors to your home.

4.6 External Decorations

We will keep the exterior of your homeand any communal areas in a goodstate of decoration and normallydecorate these areas once every 5 years.

4.7 Moving Home for Repairs

If we intend to repair, improve ordevelop your home you may, ifnecessary, be moved to alternativeaccommodation either temporarily orpermanently. We will offer suitablealternative accommodation. You will beconsulted about any proposal which willinvolve you having to move to anotherhome.

4.8 Complaints

4.8.1 We will establish a procedure for dealingwith complaints raised by you on anymatter arising from this tenancy. Theprocedure shall operate in accordancewith the requirements of the HousingCorporation as laid down from time totime. We shall provide you with detailsof the scheme at the beginning of thetenancy and inform you of any changes.

4.8.2 If you are still dissatisfied after thecomplaints procedure has beenexhausted, you have the right to referthe matter to the Independent HousingOmbudsman.

5. REPAIRS ANDMAINTENANCE – YOURRESPONSIBILITIES

5.1 Internal Decoration

5.1.1 You must keep the interior of your homein good and clean condition and todecorate all internal parts of your homeas often as is necessary to keep themin good decorative order.

5.1.2 You must not decorate the outside ofyour home unless we have first givenyou our written consent. There is nocharge for seeking this consent

5.2 Electrical Works

You must obtain our written consentbefore you carry out any gas orelectrical work at your home. There isno charge for seeking this consent.

Any gas or electrical work must becarried out by a qualified andcompetent contractor and may beinspected by us.

5.3 Damage

5.3.1 You must make good any damage toyour home or our fixtures and fittings orto the communal areas caused by youor any member of your household orany visitor to your home, fair wear andtear excepted, and you must pay anyreasonable costs reasonably incurred byus in carrying out such works in default.

5.3.2 You are responsible for plumbing inwashing machines and dishwashersand must repair any damage caused toour pipework.

5.3.3 You are responsible for the cost of anyrepairs required following lawful entry bythe police to detect or prevent crime

5.4 Reporting Disrepair

5.4.1 You should report to us promptly anydisrepair or defect for which we areresponsible in your home or thecommunal areas.

5.4.2 If arrangements have been made for usto come to your home to carry out arepair you should keep theappointment. If due to unexpectedcircumstances you cannot keep theappointment then you must advise us atthe earliest opportunity, so thatalternative arrangements can be made.

5.5 Access

5.5.1 You must allow our employees,contractors or agents acting on ourbehalf access to your home atreasonable times and subject toreasonable notice in order to:

a inspect the condition of your homeor any installations or to carry outrepairs or other works to your homeor adjoining property.


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b carry out an annual gas service. Ifyou do not then appropriate legalproceedings will be taken againstyou in either the County orMagistrates Court to enable theservice to take place.

c carry out a home fire riskassessment.

5.5.2 We will normally give at least 24 hours’notice but more immediate access maybe required in an emergency.

6. RENT AND OTHER PAYMENTS – YOUR RESPONSIBILITIES

6.1 Payments for your home

6.1.1 You must pay the rent and (if applicable)service charge and other charges.Theweekly rent and service and othercharges for your home at the start ofthe tenancy are set out on page 59.We will provide you with quarterly rentstatements and additional statementson request.

6.1.2 The payment of rent and service andother charges is due in advance on theMonday of each week.

6.1.3 In the event one joint tenant fails tomake any payment due then we areentitled to full payment of such sumfrom the other joint tenant/joint tenantsindividually.

6.1.4 If at any time you owe us any moneythen we may deduct this from anymoney we owe you.

6.1.5 The rent year may be 52 or 53 weeks,and we will collect rent, service andother charges due under this tenancyover 47 or 48 weeks, with five ‘rent free’weeks within the rent year. We will tellyou at the start of the rent year whichweeks are the ‘rent free’ weeks.Should your rent account be in arrears,payments must still be made in the ‘rent free’ weeks.

6.1.6 You must contact us immediately if youhave any difficulties in paying your rentor any other payments.

6.2 Payment of arrears

If you have any rent arrears and othercharges due when this tenancy isgranted you agree to pay off thosearrears by the weekly installmentsshown on page 59. If you do not makethe payments, we may start Courtproceedings to end this tenancy.

6.3 Services

6.3.1 We shall provide the services set out onpage 59 for which you shall pay aservice charge. These charges onlyapply to your home if an amount hasbeen entered against a service on page 59.

6.3.2 We may, after consulting the tenantsaffected, increase, add to, remove,reduce, or vary the services provided orcharges to the services or introducenew services.

6.4 Changes in rent

6.4.1 We may increase the rent on the firstMonday in April after this tenancy isgranted by giving you not less than onecalendar month’s notice in writing. Therevised rent shall be the amount set outin a rent increase notice given to you byus which shall not be more than thechange in the rate of inflation plus onehalf per cent (0.5%) +/- £2.00 (theGovernment formula says £2.00 perweek for 52 weeks but over 47 weeks,taking into account the five rent freeweeks, this is £2.21).

“Change in the rate of inflation” meansthe percentage change in the RetailPrices Index (all items) over the 12month period ending with the date ofpublication of the figure for the RetailPrices Index for September immediatelypreceding the rent increase date.

6.4.2 After the first rent variation under thistenancy agreement we may inaccordance with the provisions ofSections 13 and 14 of the Housing Act1988 increase or decrease the rent bygiving you not less than one calendarmonth’s notice in writing. The notice willspecify the rent proposed. The revisedrent shall be the amount specified in thenotice of increase unless you refer thenotice to a Rent AssessmentCommittee to have a market rentdetermined. In that case the maximumrent payable for the following year willbe the rent so determined.

6.5 Changes in service and othercharges

6.5.1 With effect from the first Monday in Aprilafter this tenancy is granted we mayincrease your service charge (if itapplies) at any time if we give you atleast one month’s notice in writing, butnot more than once a year unless thereis a change in the services provided.

6.5.2 Each year, we will estimate the sum weare likely to spend in providing servicesto you over the coming year. That willbe the service charge we will ask you topay for the year.

6.5.3 At the same time, we will work out howmuch we have actually spent onproviding services for you in theprevious year. If we have overchargedyou, we will reduce your service chargefor the coming year. If we haveundercharged you, we will increase yournew service charge.

6.5.4 We will give you a certificate showingwhat is included in your service charge.When you receive your certificate youhave the right, within six months ofreceiving it, to examine the servicecharge accounts, receipts and otherdocuments relating to them and to takecopies or extracts from them. We maymake a small charge to cover the costof any copying.

6.5.5 We can only make reasonable servicecharges and the services or work we domust be of a reasonable standard. Ifyou believe that your service charge isunreasonable (in terms of the amountcharged or standard of work) you maybe able to apply to the LeaseholdValuation Tribunal for a decision as towhat is reasonable.

6.6 Supporting People (where applicable)

6.6.1 Where a support provider provides youwith support services, then you shall beresponsible for entering into a separateagreement with that service providerwith respect to the provision of thoseservices and to pay for that support inaccordance with that separateagreement and in addition to any rent orservice charge which is payable inaccordance with this agreement.Support services for the purposes ofthis condition shall include the provisionof general counselling and support inrelation to all or any of the following:

• Maintaining the security of your home.

• Maintaining the safety of your home.

• Standard of conduct required.

• Paying the rent.

• Maintaining your home in anappropriate condition.

• Giving up the tenancy at theappropriate time.

• Contact with others to ensure your welfare.

• Other support services (excludingpersonal care).

6.7 Outgoings

You must meet all outgoings applying toyour home including water charges andelectric and other costs whethermetered or billed.


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7. YOUR GENERALRESPONSIBILITIES –LIVING IN YOUR HOME

7.1 Moving in, periods away andassignment

7.1.1 You must use this home as your only or principal home and must move into itwithin 28 days of the start of thetenancy. You must not part withpossession of your home or sub-let thewhole of it.

7.1.2 You must not assign the tenancy exceptin furtherance of a Court order or withour written consent when exercising theright to exchange set out in condition3.9 or assigning the tenancy tosomeone that would have beenqualified under condition 3.2 to succeedto the tenancy if you had died.

7.1.3 If you intend to leave your home formore than 28 days you must inform usand ensure your rent will be paid whileyou are away.

7.1.4 You must ensure your home will belooked after and secure while you areaway and you must provide us withyour contact details or of someone elsein the local area who can deal with anyemergency on your behalf.

7.2 Residential use

You must not run a business or tradefrom your home, garage or gardenwithout first obtaining our writtenconsent which will not be unreasonablywithheld. There is no charge for thisconsent.

7.3 Insurance

We are not responsible for the contentsof your home. You must take outinsurance for your home contents.

7.4 Decoration and hygiene

7.4.1 You must keep your home in a goodstate of internal decoration andcleanliness and keep outbuildings andpassageways in a clean and tidy condition.

7.4.2 Any furniture, appliances, carpets orcurtains provided by us are part of yourhome. You must keep these in goodcondition and must not remove them. If you do not we will charge you for anyrepairs or replacement.

7.4.3 You must dispose of your rubbishproperly in line with the Council’srequirements. This includes any bulky orunusual items.

7.4.4 You must put your wheelie bin andrecycling containers out only on the dayof collection and replace them withinthe boundary of your home as soon aspossible after the rubbish has beencollected.

7.4.5 You must report the presence in yourhome of rats, cockroaches, othervermin or pests to the Council.

7.5 Gardens

7.5.1 You must keep any grass or lawns cutand in good condition. Hedges must beclipped and kept to a maximum heightof 1.8m (six feet) at the back of yourhome and 1.2m (four feet) at the front.

7.5.2 You must keep your garden tidy andfree from rubbish and debris otherwisewe may clear it and charge you for this.

7.5.3 You must obtain our written consentbefore you put up or take down anyfence or wall. There is no charge forseeking this consent. Any fence or wallerected becomes our property andmust not be removed.

7.5.4 You must keep all gullies, entrances todrains, external airbricks and vents clearand free from obstruction.

7.5.5 You must not allow any oils or otherharmful substance to enter the gullies ordrains or seep onto neighbouring propertyor highways or contaminate your home.

7.6 Communal areas

7.6.1 You must keep any communal areasfree from obstruction. You must co-operate with us in keeping anycommunal areas clean and tidy.

7.6.2 You must co-operate fully with anymeasures taken by us to protect thesecurity of your home and you mustkeep all communal doors closed.

7.7 Pets

7.7.1 You may keep domestic pets, such asdogs, cats, caged birds, fish or smallmammals in your home if they are wellcared for and kept under proper control.You must obtain our written consentbefore keeping any other animal.

7.7.2 If your home is part of a shelteredaccommodation you must not keepcats or dogs (except for a registeredguide dog or registered hearing dog).

7.7.3 Your pets must not cause a nuisance orannoyance to anyone in the local areaincluding any of our employees.

7.7.4 You must ensure your pet does not foulcommunal areas or neighbours’gardens. You must remove any foulingfrom your garden and dispose of itproperly.

7.8 Vehicles and access

7.8.1 You can only park a vehicle within theboundaries of your home if there is agarage, driveway or car hard standingand there is an appropriate droppedkerb entrance.

7.8.2 You must obtain our written consentbefore building a garage, car hard-standing or driveway. There may be acharge for any associated planning andbuilding regulation application.

7.8.3 You must not repair, maintain or workon any vehicle within the boundaries ofyour home, on the highway or in anyother public or communal area. Youmust not allow anyone visiting yourhome to do so.

7.8.4 You must ensure that neither you,anyone living with you, nor anyonevisiting your home obstructs access toany other property by parkinginconsiderately.

7.8.5 You must not park a vehicle, such as abike or motorbike, in any communalarea inside a building.

7.8.6 You must not park or drive a vehicle onany open plan area, footpath or grassverge.

7.8.7 The rear of some of our homes can onlybe accessed through the neighbouringgarden. If this applies to the home nextdoor to your home you must, foressential purposes only, allow access tous and your immediate neighbour overany footpath which runs through yourgarden and leads to your neighbour'shome. You must not obstruct anyfootpath.

7.9 Services

You, anyone living with you or visitingyou must not tamper with the supply ofgas, electricity or water, any otherservices, meters, smoke detectors orany warden call equipment that we have(or the Council has) installed in yourhome. We will charge you for anydamage caused.

7.10 Combustible materials

You must not keep gas storage bottlesor store any dangerous, inflammable orexplosive materials either inside oroutside your home.

8. YOUR GENERALRESPONSIBILITIES –LIVING IN YOURCOMMUNITY

8.1 In accordance with our anti-socialbehaviour policy we will take firm butfair action to tackle any allegations ofsuch behaviour.

You are responsible for the behaviour ofeveryone (including children and pets)living in or visiting your home. You areresponsible for them in your home, incommunal areas and in the locality ofyour home.


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8.2 Harassment

8.2.1 You must not harass or discriminateagainst any person (including any of ouremployees) because of their race,nationality, sexuality, gender, religion orbelief, age or disability, or encourage orallow any person to do so. Examples ofharassment or discrimination include:

• Violence or threats of violence,including domestic or racial violence.

• Abusive or insulting words orbehaviour.

• Anything that is likely to interferewith the peace and comfort ofothers.

• Writing graffiti especially if it isabusive, insulting or threatening.

• Damage or threats of damage toyour home or to any other person’shome or belongings.

8.2.2 You must not threaten nor to allowmembers of your household or visitorsto threaten violence or be violent towardanyone living in or visiting your home ordo so towards any person in theSedgefield Borough.

8.3 Nuisance

Neither to cause, nor to allow membersof your household or visitors to cause adisturbance that would be a nuisance orannoyance to others. For example by:

• Shouting or persistent arguing oroffensive drunkenness.

• Use of illegal drugs.

• Loud music or any other loud noiseincluding banging or slammingdoors.

• Trespassing.

• Regular vehicle repairs or vehiclerepairs at unreasonable hours.

• Rubbish dumping, fly tipping orlighting fires.

• Allowing rubbish to accumulate inor around your home.

• Barking dogs.

• Throwing things out of windows oroff balconies.

• Playing ball games near tosomeone else's home.

• Skateboarding, roller-blading orcycling persistently near tosomeone else's home.

• Driving or riding vehicles recklesslyor without consideration.

• Prostitution.

• Running a business from yourhome without our prior writtenconsent. We will not refuse consentunreasonably unless we feel thebusiness is likely to cause anuisance to other people ordamage the property.

8.4 Damage to property

You must not damage or threaten todamage property. Neither must youallow members of your household orvisitors to damage or threaten todamage property. For example byengaging in:

• Arson or attempted arson.

• Interference with security and safetyequipment.

• Damaging communal areas or facilities.

• Breaking windows or doors.

• Writing graffiti.

• Leaving excrement, rubbish, paintor any other offensive substanceson any part of a house or building.

8.5 Illegal acts

8.5.1 You must not use or allow your home tobe used for illegal or immoral acts. Inparticular you must not use your homein connection with:

• Possession, use, supply of ordealing in illegal drugs orsubstances

• Unlicensed firearms or illegalweapons

• Handling or storing stolen orcounterfeit goods

8.5.2 You must not commit a serious criminaloffence in the area and if you areconvicted of a serious crime we mayapply to the Court for a possessionorder.

9. MOVING HOME – YOURRESPONSIBILITIES

9.1 Notice period

9.1.1 If you want to end your tenancy youmust give us at least four weeks' writtennotice. Your tenancy must end at 12noon on a Monday. You must return allthe keys to your home to us on, orbefore, the day you leave and you mustgive us your new address andtelephone number before you leave.

9.1.2 You must allow reasonable access toyour home for inspection purposes priorto the end of your tenancy.

9.1.3 If you do not give us proper notice youwill continue to be responsible for therent and other payments. If you leavewithout telling us we will consider theproperty has been abandoned and wewill end the tenancy.

9.1.4 When your tenancy has ended you willremain responsible for any unpaid rentand any other payments, for exampleany charges we incur repairing yourhome under condition 9.3.1 below. If you owe rent or other payments or are in credit with your rent or otherpayments when your tenancy ends wewill inform you in writing.

9.1.5 You may not need to give us fourweeks' written notice if we have agreedto short notice for example where you

are moving out of your home as a resultof a transfer to another of ourproperties, or because of an exchangeagreed with us.

9.2 Vacant possession

9.2.1 You must not allow any person toremain living in your home when yourtenancy ends.

9.2.2 You must remove all of yourpossessions, animals and rubbish. Ifyou do not do so, we will charge youany reasonable removal (or storage)costs and/or the cost of looking afterany animal you leave behind.

9.3 Repairs

9.3.1 You must leave your home in as good acondition as it was when you moved in(except for fair wear and tear). You mustmake good any damage to your homebefore you move and carry out anyrepairs you are responsible for. If you donot do so, you will be responsible forany reasonable costs we incur inrepairing the damage.

9.3.2 You must remove any unauthorisedfittings you have installed and leave anyauthorised fittings in good workingorder. We may remove or replace anyunauthorised or defective fittings youhave installed and charge you ourreasonable costs for this work.

9.3.3 If you remove the fittings you haveinstalled you must reinstate the propertyto its original condition.

10. ENFORCEMENT/ENDING YOURTENANCY

10.1 General

10.1.1This section explains how we will dealwith tenants who do not comply withthis agreement.

Tenancy agreementPart M Part ATenancy agreement

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10.1.2 As part of its aims to provide anexcellent housing service with safeneighbourhoods, we strive to ensurethe peace and safety of our tenantsand their neighbours. It is vital that youkeep to this agreement and help us toachieve these aims.

10.1.3 We can enforce the terms of thisagreement through the Courts if you donot comply with your tenancyagreement.

10.1.4 We will not tolerate domestic violence,anti-social behaviour, racial or otherharassment from tenants, their familiesor their visitors. If you act in any ofthese ways, we will fully investigate anycomplaints. This may result in us takingyou to Court.

10.2 Tenure

10.2.1 You shall remain an assured tenant solong as you occupy your home as youronly or principal home. We can end aperiodic assured non-shorthold tenancyonly by obtaining a Court order forpossession of your home on one of thegrounds listed in Schedule 2 of theHousing Act 1988. We may also applyfor a demotion order under Sections 6Aand 20B of the Housing Act 1988 (asamended by the Anti-Social BehaviourAct 2003).

10.2.2 If we intend to seek a demotion orderwe will give you two weeks’ notice inwriting unless the Court has allowed usto go ahead without serving notice on you.

10.2.3 If we intend to seek possession of yourhome, as long as this tenancy has notbeen demoted, we will give you fourweeks’ notice in writing unless:

• we are using grounds 14 or 14Awhen the notice may be less than4 weeks; or

• we are using grounds 7, 9 or 16when we will give 2 months’ notice;or

• the Court has allowed us to goahead without serving notice on you.

10.2.4 We agree that, unless this tenancy hasbeen demoted, we will only serve anotice (or ask the Court to allow us togo ahead without serving notice) andseek possession of your home on thegrounds and in the circumstances setout in condition 12 below. We agreenot to use grounds 1-6, 8 and 11 toend this tenancy.

10.2.5 If this tenancy has been demoted, wemay ask the Court to make apossession order under otherprovisions of the Housing Act 1988.These give the Court limited rights torefuse a possession order.

10.2.6 As well as seeking a possession and/ora demotion order, we can ask theCourt for an injunction, which mayinclude a power of arrest and anexclusion order to make you complywith or stop breaching any terms of thistenancy or where you use your homefor unlawful use. We may also apply foran injunction against an individual whoengages in antisocial behaviour.

10.3 Cessation of assured tenancy

If the tenancy ceases to be an assuredtenancy we may end the tenancy bygiving you four weeks’ notice in writing.

11. SERVICE OF NOTICESAND REQUESTING OURWRITTEN CONSENT

11.1 Service of notices

11.1.1 This condition gives you notice underSection 48 of the Landlord and TenantAct 1987 that our address for receivinglegal notices, and any othercommunication arising from thistenancy agreement, is ..........................

.............................................................

.............................................................

11.1.2 Any legal notice, or any othercommunication arising from thistenancy agreement, shall be validlyserved on you if posted or delivered toor left at your home or last knownaddress.

11.2 Requesting our written consent

You need our written consent tocomply with some conditions in thisagreement. Requests for our writtenconsent should be made in writing.

12 GROUNDS FORPOSSESSIONSchedule 2 of the Housing Act 1988- Grounds for Possession ofDwelling-houses let on AssuredTenancies

Part I Grounds on which Court mustorder possession

Ground 7

The tenancy is a periodic tenancy(including a statutory periodic tenancy)which has devolved under the will orintestacy of the former tenant and theproceedings for the recovery ofpossession are begun not later thantwelve months after the death of theformer tenant or, if the Court so directs,after the date on which, in the opinionof the Court, the landlord or, in the caseof joint landlords, any one of thembecame aware of the former tenant'sdeath.

For the purposes of this ground, theacceptance by the landlord of rent froma new tenant after the death of theformer tenant shall not be regarded ascreating a new periodic tenancy, unlessthe landlord agrees in writing to achange (as compared with the tenancybefore the death) in the amount of therent, the period of the tenancy, the

premises which are let or any otherterm of the tenancy.

We will only seek to recover possessionof your home on this ground in thecircumstances explained in condition 3.2.

Part II Grounds on which Court mayorder possession

Ground 9

Suitable alternative accommodation isavailable for the tenant or will beavailable for him when the order forpossession takes effect.

We will only seek to recover possessionof your home on this ground if inaddition we can show that:

a we intend within a reasonable timeof obtaining possession todemolish, reconstruct or refurbishyour home and/or the building ofwhich your home forms part or anadjoining or adjacent building andcannot reasonably do so withoutobtaining possession; or

b your home has features which aresubstantially different from those ofordinary homes which are designedto make them suitable foroccupation by a physically disabledperson who requiresaccommodation of a type providedby your home and no personresiding in your home any longerdoes so and we require your homefor occupation by such a physicallydisabled person; or

c your home is one of a group ofhomes which it is our practice to letfor occupation by people withspecial needs and a social serviceor special facility is provided near tothe group of homes in order to helppeople with those special needs,and no other person with thosespecial needs any longer resides inyour home and we require yourhome for occupation by a personwho has those special needs; or


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d your home is Overcrowded (withinthe meaning of Part X of theHousing Act 1985) in suchcircumstances as to render theoccupier guilty of an offence; or

e premises were made available toyou on a temporary basis so thatworks could be carried out to yourproperty on the understanding thaton completion of the works youwould move back into yourproperty. The works have beencompleted and you have failed toreturn to your own property; or

f a member of your family (not yourspouse or civil partner or partner ora joint tenant) succeeded to yourtenancy and the accommodationoffered by the property is moreextensive than is reasonablyrequired by the person succeedingto the tenancy provided that wecommence proceedings forpossession within twelve monthsfollowing the date of your death.Before deciding whether or not it isreasonable to take action under thisclause we will consider thefollowing matters:

i The age of the personsucceeding to your tenancy.

ii The period during which theperson succeeding to yourtenancy occupied the propertywith you as their only or principalhome.

iii Any financial or other supportgiven to you by the personsucceeding to your tenancy.

Ground 10

Some rent lawfully due from the tenant -

(a) is unpaid on the date on which theproceedings for possession arebegun; and

(b) except where subsection (1)(b) ofsection 8 of this Act applies, was inarrears at the date of the service ofthe notice under that sectionrelating to those proceedings.

Ground 12

Any obligation of the tenancy (other thanone related to the payment of rent) hasbeen broken or not performed.

Ground 13

The condition of the dwellinghouse or anyof the common parts has deterioratedowing to acts of waste by, or the neglector default of, the tenant or any otherperson residing in the dwellinghouse and,in the case of an act of waste by, or theneglect or default of, a person lodgingwith the tenant or a sub-tenant of his, thetenant has not taken such steps as heought reasonably to have taken for theremoval of the lodger or sub-tenant.

For the purposes of this ground,"common parts" means any part of abuilding comprising the dwellinghouseand any other premises which the tenantis entitled under the terms of the tenancyto use in common with the occupiers ofother dwellinghouses in which thelandlord has an estate or interest.

Ground 14

The tenant or a person residing in orvisiting the dwellinghouse:

(a) has been guilty of conduct causing orlikely to cause a nuisance orannoyance to a person residing,visiting or otherwise engaging in alawful activity in the locality; or

(b) has been convicted of:

(i) using the dwellinghouse orallowing it to be used for immoralor illegal purposes; or

(ii) an indictable offence committedin, or in the locality of, thedwellinghouse.

Ground 14A

The dwellinghouse was occupied(whether alone or with others) by amarried couple, a couple who are civilpartners of each other, a couple livingtogether as husband and wife or a coupleliving together as if they were civilpartners and;

(a) one or both of the partners is atenant of the dwellinghouse;

(b) the landlord who is seekingpossession is a Registered SocialLandlord or a charitable housingtrust;

(c) one partner has left thedwellinghouse because of violence orthreats of violence by the othertowards;

(i) that partner; or

(ii) a member of the family of thatpartner who was residing with thatpartner immediately before thepartner left; and

(d) the Court is satisfied that the partnerwho has left is unlikely to return.

For the purposes of this ground"Registered Social Landlord" and"member of the family" have the samemeaning as in Part I of the Housing Act1996 and "charitable housing trust"means a housing trust, within themeaning of the Housing Associations Act1985, which is a charity within themeaning of the Charities Act 1993.

Ground 15

The condition of any furniture provided foruse under the tenancy has, in the opinionof the Court, deteriorated owing to ill-treatment by the tenant or any otherperson residing in the dwellinghouse and,in the case of ill-treatment by a personlodging with the tenant or by a sub-tenant of his, the tenant has not takensuch steps as he ought reasonably tohave taken for the removal of the lodgeror sub-tenant.

Ground 16

The dwellinghouse was let to the tenantin consequence of his employment by thelandlord seeking possession or a previouslandlord under the tenancy and thetenant has ceased to be in thatemployment.

For the purposes of this ground, at a timewhen the landlord is or was the Secretaryof State, employment by a health servicebody, as defined in section 60(7) of theNational Health Service and CommunityCare Act 1990 or by a Local HealthBoard, shall be regarded as employmentby the Secretary of State.

Ground 17

The tenant is the person, or one of thepersons, to whom the tenancy wasgranted and the landlord was induced togrant the tenancy by a false statementmade knowingly or recklessly by:

(a) the tenant; or

(b) a person acting at the tenant'sinstigation.


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Notes Notes

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Notes

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