General Terms

1. It is agreed as follows:

Payment for the Premises

1.1 The weekly net rent and charges payable is respect of the Premises at the date of this Agreement shall be: (see table 1.)

In this Agreement the term 'rent' refers to the sum of the net rent plus service charge and furniture charge set out above or as varied in accordance with this agreement or otherwise. For the avoidance of doubt 'rent' does not include support and counselling fees.

1.2 The payment of weekly rent is due in advance on the Monday of each week.

Definition of Support - where applicable

1.3 The support services provided to you shall be the provision of general counselling and support in relation to all or any of the following:

1. i) maintaining the security and safety of the Premises;
2. ii) the standard of conduct required;
3. iii) paying the rent;
4. iv) maintaining the Premises in an appropriate condition;
   • giving up the tenancy at the appropriate time;
   • contact with others to ensure your welfare; and
   • other support services (excluding personal care).

Provision of Support

1.3.2 Yorkshire Housing Ltd shall provide the Support Services throughout the period of the Agreement.

Increase in Support and Counselling Fees

1.3.3 Any increase in the support and Counselling fees shall be limited to a reasonable amount in relation to the Support Services provided with reference to the level of charges approved by the supporting people Administering Authority.

To use Support provided

1.3.4 You shall make use of the Support Services provided by Yorkshire Housing Ltd or any other person or organisation identified by Yorkshire Housing Ltd as a support provider.

To accept the level of Support

1.3.5 You shall accept the level of Support Services made available to you in order to ensure the necessary standard of independence is achieved.

To make payments (where you are not eligible for Supporting People Subsidy)

1.3.6 You shall pay the Support and Counselling fees in advance on or before Monday of each week.

Services

1.4 Yorkshire Housing Ltd shall provide the services as set out below/in the attached schedule (delete as appropriate) in connection with the Premises for which you shall pay a Service Charge:

Changes in Rent and Service Charges

1.5 Yorkshire Housing Ltd may increase or decrease the rent by giving you not less than one calendar months notice in writing of the change. The notice shall specify the new rent. The rent shall not be increased above the level which a Rent Assessment Committee would determine for the Premises if it had jurisdiction to make such a determination. For the avoidance of doubt, the Rent Assessment Committee does not have such jurisdiction under this agreement.

1.5.1 Yorkshire Housing Ltd may, after consulting the tenants affected, increase, add to, remove reduce or vary the services provided. As a result of the variation of services there may be a change in the service charge. You will be notified in writing not less than one calendar month before any changes are implemented.

1.5.2 The Service Charge may be reviewed not more than twice in any one year irrespective of any variation of services provided. Yorkshire Housing Ltd shall give you one calendar month's written notice of any change.

Furniture Charge - where applicable

1.5.3 Yorkshire Housing Ltd agrees to provide and, in the case of electrical or gas appliances install, the furnishings listed in the inventory attached to this Agreement. These furnishings will remain the property of Yorkshire Housing Ltd for all time, and are provided for the exclusive and undisturbed use of you for as long as the Agreement is in force. You may supplement Yorkshire Housing Ltd furnishings with those acquired by you.

1.5.4 The furniture charge will be as stated in clause 1.1 and shall be varied as may be agreed between Yorkshire Housing Ltd and you, having regard to the value, condition and any increase or decrease in the furnishings supplied and shall be reviewed each year on a similar basis.

1.5.5 You must not dispose of Yorkshire Housing Ltd's furnishings.

Notices

1.6 Any notices served to you shall be deemed to be properly served if handed personally to you or if sent to you by ordinary post or Recorded Delivery post at the address of the Premises or if affixed to the Premises or delivered through the letterbox.

Altering the Agreement

1.7 With the exception of any changes in rent, service charge, furniture charge or supporting people charges, this Agreement may only be altered if both you and Yorkshire Housing Ltd agree in writing.

False Information

1.8 It is a term of this Agreement that you (or anyone acting for you) have not induced us to grant this tenancy by knowingly or recklessly making a false statement to Yorkshire Housing Ltd.

Rights of Third Parties

1.9 You and Yorkshire Housing Ltd agree that the provisions of the Contracts (Rights of Third Parties) Act 1999 will not apply to this Agreement. This means that none of the terms of this Agreement can be enforced by any other person.

Data Protection

1.10 For the purposes of the Data Protection Act 1998 you agree that the Association and (if Yorkshire Housing Ltd are not providing the support to you) the person providing support ("the Agent") may process any personal information (including sensitive personal data) that you have provided or has been provided by third parties or will be provided in the future, to perform the functions of managing your tenancy and the provision of general counselling and support. This will include disclosure to third parties; for example, to the Local Authority for the purpose of monitoring the support provided in accordance with their obligations under the contract for Supporting People. Any processing and disclosure will be in accordance with the Data Protection Act 1998 or any other relevant legislation and our policies on disclosure, information and confidentiality.

Statute

1.11 Any reference to statute within this Agreement shall include any modification, substitution or replacement of it.

Permitted Number of Occupants

1.12 The permitted number of persons living at the Premises is [--].

Our Obligations

2. Yorkshire Housing Ltd agrees:

Possession

2.1 To give you possession of the Premises at the start of the tenancy.

Tenants Right to Occupy

2.2 That provided you comply with your obligations under this Agreement Yorkshire Housing Ltd will not interrupt or interfere with your right to occupy the Premises peacefully except where:

1. i) access is required to inspect the condition of the Premises or to carry out repairs or improvements or other work to the Premises that we consider necessary to the Premises and surrounding properties (and Yorkshire Housing Ltd will give you 24 hours notice in writing of its need for access save in cases of emergency) and as further set out at clause 3.14; or
2. ii) a Court has given Yorkshire Housing Ltd possession by ending the tenancy; or
3. iii) you have surrendered (given up) the tenancy to the Premises as set out at clauses 3.20 and 3.21.

Repair of Structure and Exterior

2.3 To keep in repair the structure and exterior of the Premises including:

1. i) drains, gutters and external pipes;
2. ii) the roof (but not including any aerial or satellite receiver or similar equipment erected on it by you);
3. iii)outside walls, outside doors, window sills, window catches and glazing of doors and windows (which are not broken by you, your family and friends or invited visitors), sash cords and window frames including necessary external painting and decorating;
4. iv) internal walls, floors and ceilings, doors and door frames, door hinges and skirting boards (but not including painting and decoration);
5. v) chimneys, chimney stacks and flues (but not including sweeping);
6. vi) pathways, steps or other means of access;
7. vii) plasterwork;
8. viii) garages and outbuildings (where provided by the Association)
9. ix) boundary walls and fences.

Repair of Installations

2.4 To keep in repair and working order any installations provided by Yorkshire Housing Ltd for space heating, water heating and sanitation and for the supply of water, gas and electricity, including:

1. i) basins, sinks, baths, toilets, flushing systems and waste pipes;
2. ii) electric wiring including sockets and switches, gas pipes and water pipes ( but not plugs or non-Yorkshire Housing Ltd appliances);
3. iii) water heaters, fitted fires and central heating installations;
4. iv) fireplaces, provided that they are the main source of heating in the Premises.

Common Parts

2.5 To take reasonable care to keep the common entrances, halls, landings, stairways, lifts, passageways, rubbish chutes and other common parts, including their electric lighting in reasonable repair.

2.6 As frequently as required, at the discretion of Yorkshire Housing Ltd to keep the common entrance halls, landings, stairways and other common parts in a good state of decoration.

External Decorations

2.7 To keep the exterior of the Premises and any common parts in a good state of decoration.

Repairs Generally

2.8 To carry out all repairs for which Yorkshire Housing Ltd is responsible. Also to make good any damage to the inside of the Premises arising out of an inspection or from the carrying out of works by Yorkshire Housing Ltd, its employees, workmen, agents, or contractors, provided your actions did not in anyway contribute to the damage.

Housing Corporation Guidance

2.9 Yorkshire Housing Ltd is subject to any guidance on housing management practice issued by the Housing Corporation with the approval of the Secretary of State and we will provide you with information on Yorkshire Housing Ltd's housing management policies as required by the Housing Corporation under the provisions of Section 36 of the Housing Act 1996 ('Housing Corporation Guidance'). This largely concerns the standard of services Yorkshire Housing Ltd is expected to offer.

Your Obligations

3. You agree:

Possession

3.1 To take possession of the Premises at the beginning of the Tenancy and not to part with possession of the Premises or to sub-let the whole of it.

Rent

3.2 To pay the rent and service charge weekly and in advance on each Monday.

Use of the Premises

3.3 To use the Premises for residential purposes as your only or principal home and not to operate any business at the Premises without Yorkshire Housing Ltd's prior written consent, which will not be unreasonably withheld having consideration to any nuisance or annoyance that it may cause to neighbouring residents.

Nuisance

3.4 To ensure that you, or your children, or anyone who lives with you or visits you must not do anything on the Premises or in its locality, or in the locality of Yorkshire Housing Ltd offices which could:

1. i) annoy or disturb; and/or
2. ii) cause injury or offence to; and/or
3. iii) intimidate or frighten,

any other tenant of Yorkshire Housing Ltd, members of their household, their visitors, people living in or working on or in the locality, or any of Yorkshire Housing Ltd staff or contractors.

These are some of the things you must not do:

Acts and/or omissions which are likely to cause nuisance annoyance, injury, offend or disturb, frighten, intimidate or interfere with peace and comfort.

Things which you must not cause, commit or allow include (but are not limited to):

1. i) harassment on any grounds;
2. ii) using or threatening to use violence;
3. iii) racist language or behaviour;
4. iv) abusive or insulting words or behaviour;
5. v) damaging or threatening to damage property belonging to another person or their home;
6. vi) writing graffiti and in particular graffiti which is abusive threatening or insulting;
7. vii) behaving in an offensive or irritating manner when drunk or under the influence of drugs;
8. viii) using or allowing the Premises to be used for prostitution, dealing in or the illegal use of any drugs, or any other criminal activities;

Racial and other Harassment

3.5 Not to cause, commit or allow anyone living with you or any visitors to cause or commit any form of harassment (including but not limited to harassment on the grounds of age, gender, race, colour, religious belief, physical or mental disability, sexual orientation, culture, ability or lifestyle) which may interfere with the peace and comfort of, or cause offence to any other tenant, member of their household, their visitors, neighbours, or any of Yorkshire Housing Ltd. staff or contractors.

Noise

3.6 Not to play or allow to be played or used in the Premises or in the locality of the Premises any radio, television, disc or tape recording, amplifiers, loud speakers or musical instrument or other similar appliance so loudly as to cause or be likely to cause a nuisance or annoyance to other tenants, members of their household, visitors or adjoining occupiers or so that it can be heard outside the Premises.

Pets

3.7 To ensure that any birds or animals are kept under control and do not cause damage to the Premises or nuisance, damage or harm to others. If this requirement is breached Yorkshire Housing Ltd may serve notice upon you to remove any pet within 7 days of our notification.

Prior written consent is required to keep an animal or a pet and this shall not be unreasonably withheld or delayed. In considering an application for consent, account will be taken of the number of birds or animals already in the Premises and surrounding areas and whether the bird or animal is likely to cause a nuisance, damage, a health risk or harm to others.

Yorkshire Housing Ltd reserves the right to prohibit keeping at the Premises any pets which might be or are dangerous or are a health risk or which may cause a nuisance.

Internal Decoration

3.8 To keep the interior of the Premises in good condition and to decorate all internal parts of the Premises as frequently as is necessary to keep them in good decorative order.

Damage

3.9 To make good any damage to the Premises or Yorkshire Housing Ltd fixtures and fittings or to the common parts caused by you or any member of your household or any visitor to the Premises. The reasonable costs of any damage or disrepair, which is due to the carelessness or neglect of you or any member of your household or visitors will be chargeable to you.

Furniture and Equipment

3.10 To keep all Yorkshire Housing Ltd's furniture and equipment where provided in repair and not to remove or dispose of any furniture or equipment belonging to Yorkshire Housing Ltd.

Yorkshire Housing Ltd will repair or replace any item of furniture, which is damaged through normal wear and tear. However any damage caused by you, members of your household or visitors will be your responsibility and Yorkshire Housing Ltd can look to you for reimbursement of all reasonable costs incurred by Yorkshire Housing Ltd in repairing or replacing items so damaged. In these circumstances Yorkshire Housing Ltd reserves the right not to replace damaged or destroyed items, and to recover the original purchase cost from you. Should you permanently vacate the Premises, all Yorkshire Housing Ltd's furniture must be left in the Premises. This includes transfers and mutual exchanges.

Reporting Disrepair

3.11 To report to Yorkshire Housing Ltd promptly any disrepair or defect in the structure or exterior of the premises or in any installation therein or in common parts, which you are aware of and which it is Yorkshire Housing Ltd's responsibility to repair.

Improvements

3.12 To obtain our prior written consent (which will not be unreasonably withheld) before you improve or alter the Premises and comply with any reasonable conditions we lay down for giving out consent.

If you improve or alter the Premises without our prior written consent we can charge you the reasonable cost for any work we do in order to return the Premises to how it was originally.

Access

3.13 To allow Yorkshire Housing Ltd staff or contractors acting on behalf of Yorkshire Housing Ltd's access at all reasonable hours (except in the case of an emergency) to inspect the condition of the Premises or to carry out repairs or other works, including the annual gas safety check and servicing, to the Premises or adjoining property. Yorkshire Housing Ltd will normally give you 24 hours written notice of its need for access unless access is required in an emergency.

In an emergency Yorkshire Housing Ltd may gain access to the Premises at any time regardless of whether or not notice has been given or consent sought from you if Yorkshire Housing Ltd cannot reasonably gain access in any other way.

Roadways, Parking and Repairs to Vehicles

3.14 You or anyone living with you or visiting you must:

1. i) not block local pathways or other vehicular access;
2. ii) only park a currently taxed private motor vehicle or motor cycle on communal areas (Yorkshire Housing Ltd's Property). Such parking must be within the designated parking areas only. The vehicle is parked entirely at the owners' risk and the Association cannot be held liable for any damage caused to the vehicle, or by the vehicle to property or persons;
3. iii) Yorkshire Housing Ltd reserves the right to remove any untaxed motor vehicle after it has been untaxed on Yorkshire Housing Ltd's property for a period of fourteen days and after fixing a notice to the vehicle giving seven days notice of its intended removal by Yorkshire Housing Ltd;
4. iv) only park a private motor vehicle or motor cycle within the curtilage of your own home (the Premises) where there is sufficient space to do so without causing an obstruction or nuisance to any other tenant of Yorkshire Housing Ltd or anyone in the locality and for the avoidance of doubt this shall include vehicles which are registered with a Statutory Off Road Notification;
5. v) not park a boat, caravan, trailer, motor home, low loader or similar vehicle on the Premises or Yorkshire Housing Ltd's property or on any communal parking areas without Yorkshire Housing Ltd's prior written consent (which will not be unreasonably withheld) and to ensure at all times where such consent is given that the vehicle is in reasonable condition. Where the condition of the vehicle is allowed to deteriorate such written consent will be withdrawn;
6. vi) limit vehicle maintenance to minor repairs to your own vehicle or vehicles belonging to your household. The work must be done at reasonable times and not so as to cause excessive noise, vibration, smell, fumes, or engine oil spillage or similar substances or dirt which are likely to disturb or cause nuisance to neighbours. This applies to the area immediately around the Premises and in the locality;

Garden

3.15 To maintain the garden of the Premises in a neat and tidy condition so as to not cause any risk to health. For the avoidance of doubt this does not include communal areas over which Yorkshire Housing Ltd has responsibility.

Assignment

3.16 Not to assign (transfer) the tenancy unless:

1. i) a Court has ordered you to do so;
2. ii) you exchange the Premises with another Tenant (see clause 4.9) and we approve that exchange in writing.

Overcrowding

3.17 Not to allow more than the number of persons referred to at clause 1.12 to live at the Premises.

Lodgers and Subletting

3.18 Not to take in a lodger or sub-let part of the Premises without the prior written consent of Yorkshire Housing Ltd such consent not to be unreasonably withheld.

Assured Sub-Tenancies Prohibited

3.19 Not to grant an assured sub-tenancy of any part of the Premises.

Ending the Tenancy

3.20 To do the following:

1. i) give Yorkshire Housing Ltd at least four weeks notice in writing before you want to end your tenancy;
2. ii) the notice must end on a Sunday;
3. iii) return all the keys to the Premises to us on the day you move out or at the latest by the end of the Tenancy;
4. iv) make sure that all rent and service charges are paid up to the date the tenancy ends;
5. v) leave the Premises and all fixtures and fittings clean and in good condition and make sure that you do not leave any of your possessions behind;
6. vi) pay any reasonable costs of Yorkshire Housing Ltd is disposing of any goods remaining in the Premises and you agree that the Association will not be liable for their return or any compensation;
7. vii) not leave anybody else living in the premises when the tenancy ends.

Premises being abandoned

3.21 If the Premises are abandoned Yorkshire Housing Ltd will assume (after carrying out all reasonable investigations prior to re-letting the Premises) that you have surrendered (given up) your tenancy.

If any of your possessions are left in the Premises when the tenancy ends (e.g. at the end of the four week notice period as referred to in clause 3.20 above or if you move out following us gaining possession or, if you abandon the Premises) the Association will serve you a notice under Section 12 of the Torts (Interference with Goods) Act 1977 informing you of Yorkshire Housing Ltd's intention to sell your possessions if you do not collect them within the time set out in the notice. This will enable Yorkshire Housing Ltd to sell your possessions. Yorkshire Housing Ltd will retain the expenses incurred in the sale from the proceeds of sale. If your possessions have no value then Yorkshire Housing Ltd shall treat them as being abandoned and will deal with them as it sees fit. You agree that we may dispose of such possessions without liability to you and Yorkshire Housing Ltd may recharge you the reasonable cost of disposing of possessions left in the Premises.Flammable materials

3.22 You must not store inflammable or dangerous materials on the Premises other than:

1. i) usual domestic items that might reasonable be retained for normal domestic use such as matches and aerosol cans; or
2. ii) specialist medical equipment in the case of certain medical conditions, such as, oxygen cylinders which must be stored in a safe place in accordance with the relevant instructions for use.

Your Rights

You have the following rights:

Right to Occupy

4.1 You have the right to occupy the Premises without interruption or interference from Yorkshire Housing Ltd for the duration of this tenancy (except for the obligation contained in this agreement to give access to Yorkshire Housing Ltd's employees or contractors) so long as you comply with the terms of this Agreement.

Security of Tenure

4.2 You have security of tenure, as an assured tenant so long as you occupy the Premises as your only or principal home. This means that Yorkshire Housing Ltd can only end your tenancy by obtaining a Court Order for possession of the Premises on one of the grounds listed in Schedule 2 of the Housing Act 1988. Usually this will be because you have breached a term of this tenancy.

Cessation of Assured Tenancy

4.3 If the tenancy ceases to be an assured tenancy Yorkshire Housing Ltd may end the tenancy by giving you four weeks notice in writing. The tenancy will cease to be an assured tenancy if you stop using the Premises as your only or principal home.

Succession to a Spouse

4.4 On your death and as long as you are not a successor (see clause 4.8 for a definition of successor) the following people will automatically succeed to (take over) this tenancy: Your partner i.e. your spouse or a person living with you as if they were your husband or wife as long as they live in their Premises as their only or main home at the time you died. Under Section 17 of the Housing Act 1988 this right applies automatically. For the avoidance of doubt, this includes same sex partners; any surviving joint tenant/s if they occupied your home as their only or principal home at the time of your death. This will apply even if you are already a successor.

4.5 If you are not a successor (see clause 4.8) and if, on your death, no one can succeed under clause 4.4, Yorkshire Housing Ltd agree that a Relative may succeed to this tenancy so long as they were living in your Premises as their only or main home throughout the 12 months before you died (this 12 month condition does not apply to Partners).

4.6 If clause 4.5 applies, Yorkshire Housing Ltd will use ground 7 of schedule 2 of the Housing Act 1988 to end this tenancy and will grant that person a new tenancy of the Premises. If the Premises have been specially adapted and no one living in the Premises needs that adaptation or, if the person entitled to a new tenancy is someone apart from your Partner, and the Premises would be larger than they reasonably required, Yorkshire Housing Ltd may offer them a tenancy of a more suitable home owned by them. The new tenancy will be on the same terms and conditions as this tenancy.

4.7 A claim under clause 4.5 should be made in writing within 3 months of your death. If more than one person claims the tenancy under clause 4.5, then they must decide between themselves who should get the tenancy. If they cannot agree, Yorkshire Housing Ltd will decide.

4.8 Under this Agreement you are a successor if you:

1. i) were a joint tenant and have become a sole tenant; or
2. ii) have taken over this tenancy under clause 4.5; or
3. iii) were granted this tenancy under a right of succession which was granted under any tenancy agreement containing provisions similar to clause 4.5 to 4.7 of this agreement; or
4. iv) became the tenant as a result of an assignment under clause 3.16; or
5. v) became the tenant under the right to exchange under clause 4.9 and you were a successor under your previous tenancy; or
6. vi) became the tenant as a result of the court order under Section 24 Matrimonial Clauses Act 1973 (for example as a result of a divorce) and the other party to the marriage was a successor.

For the purposes of conditions 4.5 to 4.7 the following definitions apply:

"Partner"

A husband, wife or someone who lives with you as husband and wife (including same sex relationships); or

"Relatives"

Parents, children, grandparents, brothers, sisters, uncles, aunts, nephews, nieces, step children and adopted children.

Right to exchange

4.9 You have the right to assign (transfer) this tenancy to another tenant by way of an exchange with one other tenant (a "direct exchange") or by exchanges involving more than one other tenant (an "indirect exchange"), but all the following conditions must be met:

1. i) Every tenant taking part in the exchange must be a tenant of the Housing Corporation or Housing for Wales or a registered social landlord (as defined in the Housing Act 1996) or a local authority or new town or a housing trust which is a charity (as defined in Section 2 Housing Associations Act 1985) or a Housing Action Trust.
2. ii) Where required under their tenancy agreement, every tenant must have the written consent of their landlord to the assignment of their tenancy to you or to another tenant who satisfies the conditions in Clauses 4.4 (i) and 4.4 (ii).
3. iii) If the tenant to whom you seek to assign the tenancy is not the person from whom you intend to receive a tenancy in exchange, that tenant must intend to assign their tenancy to another tenant who satisfies the conditions in Clauses 4.4 (i) and 4.4 (ii).
4. iv) Yorkshire Housing Ltd's prior written consent must be obtained.
5. v) Any reasonable conditions which are attached to the consent about the payment of outstanding rent, the remedying of any breach or the performing of any obligation of the tenancy must have been complied with.

Yorkshire Housing Ltd's consent will not be unreasonably withheld.

Right to Make Improvements

4.10 You may make improvements, alterations and additions to the Premises including the erection of a television aerial or satellite dish, external decoration and additions to, or alterations in, Yorkshire Housing Ltd's installations, fixtures and fittings, if you have first obtained the written consent of Yorkshire Housing Ltd and all other necessary approvals (for example, planning permission or building regulations approval).

Yorkshire Housing Ltd will not unreasonably withhold its consent but may make it conditional upon work being carried out to a certain standard. Failure to comply with Yorkshire Housing Ltd conditions may be treated as breach of the Tenant's obligations under your Tenancy.

You have the right to claim compensation for qualifying improvements with compensation payable at the end of the tenancy, in accordance with Yorkshire Housing Ltd policy and procedure.

Right to repair

4.11 You have the right to have repairs carried out at the Premises as if Section 96 of the Housing Act 1985 (as amended) and the Regulations made under that Act applied to this tenancy. It does not apply to this tenancy but we will treat it as doing. Section 96 gives you certain rights to have repairs done and compensation paid if they are not done.

Right to Consultation

4.12 Yorkshire Housing Ltd will consult with you before making changes in matters of housing management or maintenance which are likely to have a substantial effect on you.

Right to Information

4.13 You have the right to information from Yorkshire Housing Ltd about the terms of this tenancy and about Yorkshire Housing Ltd's repairing obligations and its policies and procedures on tenant consultation, housing allocation and transfers, and its performance as a landlord.