Implementation of new tenancy agreement

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A decision made 16 December 2009 regarding: Implementation of new tenancy agreement.

Decision Reference: MD-H-2009-0106
Decision Summary Title :	DS – New Tenancy Agreement		Date of Decision Summary:	8th December 2009
Decision Summary Author:	Director of Client Services		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Implementation of New Tenancy Agreement		Date of Written Report:	8th December 2009
Written Report Author:	Director of Client Services		Written Report : Public or Exempt?	Public
Subject: Implementation of New Tenancy Agreement
Decision(s): The Minister, 1. Approved the adoption of the new Tenancy Agreement in preparation for the implementation of the Residential Tenancy (Jersey) Law 201- and agreed that the new tenancy agreement should be brought into force from 1st January 2010. 2. Authorised Withdrawal of the current Standard Tenancy Agreement with effect from 31st December 2009.
Reason(s) for Decision: Standard review of Tenancy Agreement to comply with the provisions of the soon to be implemented Residential Tenancy (Jersey) Law 201-
Resource Implications: N/A
Action required: Director of Client Services to withdraw issue of the present Standard Tenancy Agreement on the 31st December 2009 and to implement the issuing of the new Tenancy Agreement from 1st January 2010 for all new tenancies.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Implementation of new tenancy agreement

DATE OF REPORT:- 8th December 2010

REPORT TO THE HOUSING MINISTER

Implementation of New Tenancy Agreement

Background

In preparation for the impending implementation of the Residential Tenancy (Jersey) Law 201-, a need was seen to review the provisions of the current Standard Tenancy Agreement.

A review and redrafting of the provisions of the Standard Tenancy Agreement was carried out and subsequently legal advice was obtained in support of the document subject of this Ministerial Decision report.

Recommendations

That the Minister,

1. Approve the adoption of the attached Tenancy Agreement in preparation for the implementation of the Residential Tenancy (Jersey) Law 201- and that such new tenancy agreement be brought into force from the 1st January 2010.

2. Withdraw the current standard tenancy agreement with effect from 31st December 2009.

Report Drafted By:- ………………………….... Date: 8th December 2009

Mike Porter

Director of Client Services

Report Checked By:- ………….……………….... Date: 9th December 2009

John Hamon

Director of Finance

Report Approved By:- ………….……………….... Date: 9th December 2009

Ian K Gallichan

Chief Officer

TENANCY AGREEMENT

Between the States of Jersey Housing Department and

NAME OF TENANT 1

NAME OF TENANT 2 (if a joint tenancy)

FAIR PROCESSING STATEMENT

The Housing Department requires the items of your personal data requested in this form, in order to process your tenancy application, and subsequently, in order to administer your tenancy. Where relevant to your application, your personal details will be verified with your landlord, employer, the Population Office, the Social Security Department and your GP, or medical agencies, as part of the application process. In administering your tenancy, we may share this information with the Customer Service Centre and Social Security Department.

Your information will not be disclosed to any other third party, or used for any other purpose, without your prior consent.

States of Jersey Housing Department

PO Box 587

St Helier

Jersey

ADDRESS OF HOUSING DEPARTMENT PROPERTY

POST CODE

TYPE OF PROPERTY

PERSONS OCCUPYING THE PROPERTY
SURNAME	FIRST NAMES	DATE OF BIRTH	RELATIONSHIP TO TENANT

YOU SHOULD READ THIS AGREEMENT CAREFULLY, AND MAKE SURE YOU UNDERSTAND IT FULLY, BEFORE SIGNING IT.

This agreement sets out the conditions which all our tenants must comply with, and what you can expect from us. We have tried to make it as simple as possible, but our officers will be happy to answer any questions you may have. If you wish to seek independent advice about this agreement before signing it, you should speak to the Citizens’ Advice Bureau, a lawyer, or a professional housing adviser.

Contents

Section 1 Your responsibilities and rights

Section 2 Tenancy reviews

Section 3 Paying your rent, charges, and deposit

Section 4 Keeping us informed

Section 5 Tenant Participation

Section 6 Looking after your home

Section 7 Pets

Section 8 Parking

Section 9 Anti-social behaviour

Section 10 Ending your tenancy

SECTION 1 – YOUR RESPONSIBILITIES AND RIGHTS

You become a States Housing Tenant when you have signed this Tenancy Agreement and moved into your home. From that time, we expect you to –

pay your rent on demand in advance, in full and in the manner required;

pay any other charges (such as heating) as they become due;

live in the property as your main home; i.e. a minimum of 10 months in any 12. Rent is required to be paid throughout;

be a considerate neighbour;

look after your home including your garden if you have one, and keep it clean, tidy and well decorated;

treat your neighbours and our staff, contractors and other agents with courtesy and respect, as they will, without exception, treat you.

Please note that household contents insurance, occupier’s rates, glazing repairs and TV licence are YOUR RESPONSIBILITY.

We do not allow you to –

use the property as a ‘holiday home’ – it must be your main residence;

behave in a way which interferes or detracts from your neighbours’ quality of life.

You must obtain our written consent, in advance, if you wish to -

take lodgers, or sublet part or all of your home;

use the premises for any purpose other than as a private residence for the sole use of yourself and members of your immediate family;

leave your home in someone else’s care;

carry out any structural, electrical work or work that requires consent as described with the provisions of the Planning and Building (Jersey) Law 2002 as amended;

install, erect, or remove any fences or walls;

install satellite dishes or similar apparatus if connected to the fabric of the property and you are to drill through any window frame or wall to install any cable;

cut, lop, or chop down any sizeable trees or bushes within the property.

If you do carry out any work without first obtaining written permission, we may arrange for removal or repair. You will be charged the full cost, including our administrative costs.

You have a right to expect that –

our staff, contractors and other agents will treat you with courtesy and respect at all times;

we will maintain the premises, associated services and open areas in good repair and decorate the exterior of your home on a regular basis;

we will pay the Parish foncier (owner’s) rates for the property;

we will give you reasonable notice about any changes in the amount of your rent and service charges;

we will send you a quarterly statement of the current balance on your rent account;

we will keep your home (but not the contents) insured against loss or damage by fire, flood and other risks, third party liability and special perils normally insured;

provided that you comply with your responsibilities set out here, we will allow you quiet enjoyment of your home.

SECTION 2 – TENANCY REVIEWS

Your tenancy is a monthly tenancy, terminable by you on giving one month’s notice in writing or by the Department, as Landlord, by issuing you with three month’s notice in writing.

During the first twelve months of a tenancy, we will monitor rent payments and behaviour particularly closely, in order to deal with any problems at the earliest possible stage.

Even after that initial twelve month period, we will act promptly if you fall into arrears, or if we receive complaints about your behaviour.

At the end of the initial 12-month period, we will also review your financial circumstances, in order to assess whether you are still in need of social rented housing. We maintain the right to review your financial circumstances at any time throughout your tenancy to ensure you still require this assistance.

SECTION 3 – PAYING YOUR RENT, CHARGES, AND DEPOSIT

When you first enter into a tenancy agreement, we may require you to obtain a guarantor for your rent. We may also ask you for a £200 deposit, which will be returnable when your tenancy ends unless it is needed to make good any damage to the property or offset any outstanding rent/charges. If you have difficulty raising this sum, please discuss the matter with us.

Your rent is always payable in advance by Direct Debit or Standing Order, on the 1st of every month. Our policy on rent arrears is one of zero tolerance (A copy of this Policy is available by request).

When you sign your Tenancy Agreement, you will be informed of your rental payments, and how you should make them. From then on, you are responsible for prompt, regular and full payments of your rent and all other charges.

If you are joint tenants, each of you is responsible for all the rent and any rental arrears. If one joint tenant leaves the property, we will take action against either or both of you for the whole amount.

You are responsible for paying Parish Occupier’s Rates. Each year, the Parish will send you a bill for these. If you move, you must let the Parish know.

Your rent will be reviewed every year, with rent increases ordinarily being implemented in October. You will be given a minimum of one month’s notice of any increase in rent or other charges reviewed when deemed appropriate.

If you are having difficulty meeting your rent payments, please come and see us. We will take all reasonable steps to help people who experience difficulties paying rent, but we can only help you if you let us know when you have a problem.

SECTION 4 – KEEPING US INFORMED

We have a duty to ensure that resources are used as effectively as possible. For that reason, we generally try to keep our properties fully occupied, and to make sure that they are occupied by the people who need them most.

Your home has been allocated to you according to your needs and the needs of any other people in your household. If the number of people in your household changes, you must let us know immediately so that we can discuss your changed needs.

If your financial circumstances change significantly, or you acquire any other property, whether in Jersey or elsewhere, you must inform us.

If you no longer need such a large property, we reserve the right to move you to a smaller one, after discussion.

SECTION 5 – TENANT PARTICIPATION

All States of Jersey tenants have a right to be consulted about major changes in the management of their homes. It is the Department’s aim to encourage tenants to become more actively involved in all aspects of Housing. We believe that we can provide a better housing service by working in co-operation with and listening to our tenants.

Being involved in a Residents Association, Area Panel or the Tenants Forum is the best way to get regularly involved in any decision making. These groups and panels are a major part of the consultation structure that tenants have developed with the Department.

For information on how you can become involved contact the Tenant Participation Team;

Telephone 449064 or 449005 or by email hsgtenantparticipation@gov.je

SECTION 6 – LOOKING AFTER YOUR HOME

CONDITION OF PROPERTY

When you move into your home we will have made sure it is clean and in a good state of repair. While you live there, you must –

keep the interior of the property clean;

keep the interior in a reasonable state of decoration and repair;

keep the inside and outside windows reasonable clean as far as possible

keep the outside of your property, including front and/or rear gardens or drive ways, clear of rubbish or any other items that would lower the standard or appearance of the property;

not fix anything to the exterior of the property, including satellite dishes.

ensure that any hedges, grassed areas and flower beds are kept generally tidy and do not become overgrown or unkempt.

Do not erect anything in public view that might cause offence, embarrassment or have a detrimental effect on the general ambiance of the estate.

If you fail to do the above, you will receive one written warning. If you fail to act on the warning, we will remove any items or make good as necessary. You will be charged for this.

You are also responsible for any repairs that are needed due to damage caused by you, your family, visitors, or any other person, whether on purpose or by neglect, including window panes or glazed panels. We will expect you to repair or replace these items promptly.

If, within a reasonable time, you fail to comply with the above conditions of tenancy, we may arrange to make any necessary repair or replacement. You will be charged the full cost, including our administrative costs.

Keys to your property are your responsibility. We are only able to provide spare or replacement communal keys, but you will be charged for these.

If you feel you are unable to maintain your garden, you should ask relatives or friends to assist you, or contact us, so that we can discuss with you whether it would be sensible for you to move to a property without a garden.

ALLOWING ACCESS

At all reasonable times and in case of an emergency, you must allow access to the property by any of our officers, appointed agents or contractors, when they need to carry out inspections, refurbishment or repair.

HEATING

For safety reasons, use of paraffin heaters or similar is strictly forbidden. The use of portable mobile gas heaters or BBQ’s is forbidden in multi occupancy properties, on landings or balconies. The storage of bottled gas cylinders inside properties of any description is forbidden.

FLOORING

Due to an increase in noise complaints, the fitting of any kind of wooden flooring is strictly forbidden unless you live in a house or ground floor flat.

SECTION 7 – PETS

You are allowed to keep one cat and/or up to two domestic caged birds. If you want to keep any other animals at your home, you must obtain our written permission beforehand.

We will not give permission if you have unmanaged rent arrears.

In order to apply for permission, you must first provide us with written confirmation from the JSPCA that the proposed pet is appropriate in all the circumstances. In order to help cover their costs, the JSPCA will ask you to make a financial donation.

You must not allow your pets to cause any nuisance to your neighbours, such as persistent smells, noise or fouling of common areas.

Any pets must be kept under control and not allowed to roam any communal areas.

SECTION 8 – PARKING

The only allocated parking spaces are those within garages or private driveways. You are not guaranteed a parking space. You must not park or allow to be parked any of the following within the boundaries of your property, or in communal areas:

any vehicles which are un-roadworthy, not insured, or not in regular use;

any vehicle exceeding an unladen weight of 3,000 kilograms (3 tonnes);

any vehicle which exceeds 16 feet in length or 6 feet 6 inches in width;

any boat or trailer;

any commercial vehicles.

On States Housing property, you are only allowed to park in designated parking areas and must clearly display a current parking permit if required. Improperly parked vehicles or boats will be removed without notice, the registered owner of the vehicle will be charged for this. If you have any questions about your parking rights, our Client Services Team will be happy to advise you.

If you allow your rent to fall into arrears, we may withdraw your parking permit.

SECTION 9 – ANTI-SOCIAL BEHAVIOUR

Anti-social behaviour can be broadly defined as ‘any behaviour which damages the quality of life of anyone not living in the same household’.

As a tenant, you are responsible for the behaviour of all household members, including children. You are also responsible for the conduct of any visitors to your property, and must ensure that no household member or visitor acts in any way that could be considered anti-social.

We will always follow up complaints. Once investigated, if they are justified, we will normally send you a warning letter. If you fail to heed this letter, further action will be taken.

In serious cases, particularly if you use your home as a base for criminal activity, we will ask the Police to take action. In addition, we may take steps to evict you, with no offer of alternative accommodation.

SECTION 10 – ENDING YOUR TENANCY

You have the right to end your tenancy at any time. You must give us one month’s notice in writing. The notice period will begin when we receive this written notice.

You must arrange for an inspection of the whole of the property by a housing officer as soon as possible, after you have handed in or sent in your notice to quit.

You must leave the property in a clean and tidy condition. It must be of a similar or the same standard as when it was allocated to you at the start of your tenancy. This means that it must be decorated with walls in a mid tone colour, with no damage, any fixtures or fittings should be in a working order and in good repair and the structure of the building should be in a satisfactory condition, fair wear and tear excepted. You will be asked to repair anything which has been damaged or destroyed through any reason other than fair wear and tear.

If you are instructed to repair or replace any fixtures or fittings or any part of the property, you must do so before returning your keys. If you fail to do so, we will carry out any necessary work and take action against you to recover the cost, including any loss of rent caused by not being able to reallocate the property. If you paid a deposit on the commencement of your tenancy, this may be used to recover these costs. If you are moving to another States property this delay may result in you loosing the opportunity to move until the damage has been repaired.

When you have cleared the property, you must return all the keys to us. Rent will continue to be payable until the keys to the empty property have been returned to us. If you fail to clear the property, or to return the keys, within a reasonable period of time, we reserve the right to enter the property and secure it for the next tenant. This applies equally, whether you are leaving States Rental accommodation altogether, or transferring from one property to another. We will consider as abandoned, any belongings left at the property on the date your tenancy ends. You will be charged the full cost of their disposal including any administration fees.

You must clear your rent account, in full, before ceasing to be a States Housing tenant. We will take legal action to recover any rental arrears.

Upon the death of a sole tenant, the tenancy will terminate automatically upon receipt of vacant possession of the property. It is the responsibility of the person issued with Letters of Administration to clear the property and return keys to the Department. Rent will continue to be charged until such time as the keys have been returned, at which time the Department will endeavour to make a claim for any outstanding rent and charges from the Estate.

Depending on circumstances, any remaining family living in the property may be given notice to move out or in some cases may be offered a tenancy in their own right.

In cases of joint tenancies, or where a surviving spouse is left in the home, the tenancy may be transferred to that spouse. This includes any person living with the tenant as husband or wife.

SECTION 11 – EVICTION

The Housing Department will elect eviction only where all other avenues of resolution have been explored to resolve breaches of the tenancy agreement. The Department expects however that tenants, their families and visitors comply with the requirements of the tenancy agreement and where problems do exist that prevent adherence, that they immediately make contact with their Compliance Officer.

Where no alternatives exist, the Housing Minister will seek to terminate the tenancy agreement and obtain vacant possession of your home often without an offer of alternative accommodation.

SECTION 12 – COMPLAINTS AND APPEALS

For general matters concerning your tenancy please contact your Client Services Team by telephone or in writing.

For general matters concerning the maintenance or repair of your property please contact your Maintenance Officer by telephone or in writing.

If after this, you still feel that your complaint has not been dealt with, you are invited to write to the Director of Client Services.

Finally, if you are still not satisfied, you are invited to write to the Chief Officer of the Department.

I have fully read, understood and agree to the conditions set out in this Tenancy Agreement

I know that I may be liable to prosecution and/or eviction proceedings if I have knowingly or recklessly given information that is false or if I have concealed or withheld information that the Housing Department needs to ensure proper allocation of its homes.

Address of the property……………………………………………………………..

…………………………………………………………………………………………

Tenancy commenced (date) ……………………….

Starting Rental on commencement of tenancy £…………………

Signed (tenant 1) ……………………………………Date .……………………….

Name in capitals ……………………………………………

Signed (tenant 2)…………………………………….Date ………………………..

Name in capitals ……………………………………………

Authorising Officer………………………………… Date ………………………..

DATA PROTECTION (Jersey) Law 2005 – CONSENT TO DIVULGE INFORMATION

I know I must inform the Housing Department should my financial or household circumstances change.

I understand that the States of Jersey Housing Department may use the information that I have provided for the purpose of prevention and detection of crime.

I understand that the States of Jersey Housing Department may use the information that I have provided for the purpose of preventing anti-social behaviour within its estates and in the surrounding neighbourhoods or communities.

I understand that if I or any members of my family or household or visitors cause any breach whatsoever of this Tenancy Agreement, the Department may engage other agencies to assist them in resolving any issues, complaints, or problems, and may provide such agencies with any information it holds in respect of my tenancy.

I authorise the Housing Department to share such information as may be necessary with the Chief Officer of the Social Security Department, my child care provider/s, landlord and General Practitioner in pursuance of my tenancy and in order to administer direct payment of Income Support.

Signed (tenant 1) …………………………………………………………Date………………………………….

Signed (tenant 2) ……………..………………………………..…………Date………………………………….

IN AN EMERGENCY PLEASE CONTACT

(Tenant 1) (Tenant 2)

Name…………………………………… Name……………………………………

Address………………………………… Address…………………………………

………………………………………….. …………………………………………..

…………………………………………. …………………………………………..

Tel (home)……………………………. Tel (home)………………………………

(work)………………………………. (work)………………………………

(mobile)…………………………… (mobile)……………………………..

Relationship to tenant 1………………… Relationship to tenant 2…....…………

HOUSING DEPARTMENT CONTACT DETAILS

For enquiries in relation to the maintenance of your property, please telephone;

445570

For all other enquiries, please telephone;

445510