Your Tenancy Agreement and related information

Your Tenancy Agreement

At the start of your tenancy we will ask you to sign an agreement. This is called a tenancy agreement. The tenancy agreement is a contract between you and the Council. You must read through the tenancy agreement before you sign it. A lettings officer will go through the tenancy agreement with you at the sign up appointment and you will be given a copy of the agreement to take home. It is a legal document and should be kept in a safe place.

Under the terms and conditions of your tenancy the Council, as your landlord, has various responsibilities and obligations and you, as the tenant, also has various responsibilities and obligations. These terms are set out clearly in the tenancy agreement. When you read the agreement you must make sure that you understand what you have to do as a tenant. As a tenant you are responsible for the behaviour of your whole household and any visitors to your home.

If you are unsure about what your responsibilities are as a tenant or about any of the terms of the tenancy agreement you should speak to your estate manager.

It is extremely important that you keep to the terms of your tenancy agreement. If you don’t and break the terms of your tenancy you may lose your home.

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Joint Tenancies

If a tenancy is in more than one name it is called a joint tenancy. A joint tenancy is usually two tenants but can be three or more. All tenants are responsible both as individuals and together for the tenancy. If one tenant usually pays the rent but fails to do so, the money is owed by all the tenants and we can ask for the money from any of you.

If a relationship between two joint tenants breaks down both tenants have equal rights to the tenancy. Also if one joint tenant gives Notice, the tenancy will end even if the other joint tenant doesn’t agree and wants to stay in the home. The tenancy can be transferred into the sole name of either tenant if it is agreed by both sides. If both tenants want to remain in the property you must both get legal advice.

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Type of Tenancy

Your tenancy will usually be an introductory tenancy for the first 12 months (unless you are already a secure tenant of Kingston Council, a secure tenant of another council or an assured tenant of a registered social landlord).

After 12 months, and as long as you have kept to the terms of your tenancy agreement, your tenancy will automatically become a secure tenancy. Your estate manager will visit you at this time but you won’t have to sign a new tenancy agreement.

You can remain a secure tenant as long as you want to provided:

Your or at least one of the joint tenants lives in the property as their main home.
Your rent is paid when it is due.
You do not break the terms of your tenancy agreement.

As an introductory tenant you have fewer legal rights than a secure tenant. The table below shows the difference between the legal rights of a secure tenant, an introductory tenant and a sheltered tenant.

If you break the terms of your introductory tenancy the Council can commence legal proceedings to take possession of your home more easily. We can also extend the introductory period for a further six months.

Your legal rights	Introductory Tenant	Secure Tenant	Sheltered Tenant
Right to succession (to pass on the tenancy) to a partner/family member	Yes	Yes	Yes
Right to repair	Yes	Yes	Yes
Right to make improvements to your home	Yes with permission from the Council (this is not a legal right but the Council’s policy)	Yes with permission from the Council	Yes
Right to be consulted on the management of your home	Yes	Yes	Yes
Right to transfer (assign) your tenancy	Yes in some situations	Yes	Yes
Right to exchange tenancies	No	Yes	Yes (with another sheltered tenant)
Right to Buy your home	No (but the time you are an introductory tenant counts towards any discount you may get if you buy when you are a secure tenant)	Yes	No
Right to take in lodgers	No	Yes with permission from the Council	No
Right to sub-let your home	No	Not all of your home but you can sub-let part of your home	No
Right to vote for a transfer to another landlord	No	Yes	Yes

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Passing on your tenancy (known as succession)

Succession is passing on your tenancy to a partner or another family member who qualifies to succeed, when you die. A succession can only happen once in a tenancy.

If there has been no previous succession, the following persons would qualify to succeed:

A husband, wife or civil partner.
A partner (including same sex partner) from a long term relationship.
Another relative providing they have been living with you at the property as their only main home for 12 months before you died. Another relative can be a parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece.

A child under the age of 18 can succeed if they qualify. The tenancy will be held in trust for them, by another person, until they can legally hold a tenancy.

The Council will require evidence that the person qualifies to succeed to the tenancy (evidence of the relationship with the tenant and 12 months residence at the property).

If there is no legal right to succession, or there has already been a succession, there may be circumstances in which the Council will allow a person to remain in the property or be offered a suitable alternative property.

For further information you should speak to your estate manager or you can phone the Customer Contact Centre on 020 8547 5003. Alternatively further information is also available at:

Right to succeed to a council tenancy

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Transferring your tenancy (assignment)

An assignment is a transfer of your tenancy to another person.

A secure or introductory tenancy may only be assigned in the following situations:

Assignment by a Court Order (Property Adjustment Order) as part of matrimonial proceedings.
Assignment as part of proceedings regarding access to children.
Assignment to a person who would be qualified to succeed to the tenancy if the tenant died immediately before the assignment.
By Mutual Exchange (for secure tenants only). (See related link 'Exchanging your home and other options for tenants wanting to move'

If an assignment is ordered by a court as part of family proceedings you must show your estate manager the Order before the tenancy can be changed.

Requests for an assignment to a person who would be entitled to succeed to your tenancy if you died must be made to your estate manager. You will need to provide the same evidence as you would for a succession.

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Also see:

Exchanging your home (mutual exchange) and other options for tenants wanting to move