1 About Ability Housing Association
2 Living in your Ability home
a. Your Ability Housing Association Scheme.
b. Your Ability Tenancy Agreement:
- Questions & Answers
c. Your Rights:
- Questions & Answers
d. Moving in:
- Gas, Electricity, Water, Telephone
- Electricity
- Gas
- Heating and hot water
- Water
- Frost precautions
- Council tax
- Getting benefit
- Doctors and dentists
- TV License
- Letting people know
- Redirecting mail
- Keys
- Insurance
- Security
- Smoke alarms
- Fire
- Condensation
e. Taking part:
- Involving residents
- Want to find out more?
f. Moving on:
- Transfers
- Exchanges - 'swapping homes'
- Other options
- Moving out
3 Your repairs service
4 Money matters
5 Your support services
6 Useful stuff
a. Your Ability Housing Association scheme
Details of your Ability Housing Association scheme are shown on the card at the front of this handbook.
b. Your Ability Tenancy Agreement
Your tenancy agreement is in the plastic wallet at the back of this handbook. Below are some frequently asked questions about your tenancy agreement. Most Ability tenants have an ‘Assured Tenancy’, but a few will have a different type of tenancy agreement. If you have a different type of agreement, then some of your rights may be different.
Please contact your Area Manager or Housing SupportWorker if you have any further questions about your agreement.
What is a tenancy agreement?
Your tenancy rights are set out in your tenancy agreement. When you accepted your tenancy you agreed to the terms and conditions set out in that agreement.
Your tenancy agreement is a legal contract between you and us. It sets out your rights and responsibilities as a tenant and ours as your landlord.
You also have statutory rights, that is, rights that come by law. The Assured Tenant’s Charter that is produced by the Housing Corporation tells you what extra rights an assured tenant of a RSL can expect from their landlord. There is a copy in Section 6 of this handbook.
Do we offer everyone the same type of tenancy?
No.
A few Ability tenants have a Secure Tenancy. This is a tenancy that began before 1989 and secure tenants have some different rights from assured tenants. If you are a secure tenant, your Area Manager will be able to explain the differences in your agreement.
If your housing is for a fixed term because you live in a medium stay housing with support scheme and are preparing to move on to live more independently, you will have an Assured Shorthold Tenancy. If this is the case, your Housing SupportWorker will have explained this to you when you signed your agreement and you will have a support plan that sets out how Ability will help you prepare to move-on and to find somewhere suitable to live when your tenancy comes to an end.
What is the difference between a ‘joint’ and a ‘sole’ tenancy?
You are a sole tenant if only one tenant is named on the tenancy agreement. If two or more people are named on the tenancy agreement then you have a joint tenancy. Joint tenants each have all the rights and responsibilities set out in the tenancy agreement – even if one leaves. If one joint tenant formally ends the tenancy, the tenancy comes to an end, even if the other joint tenant/s did not know about it.
In order to change your tenancy to ‘joint’ or ‘sole’ you must ask, in writing, explaining the reasons. You must not be in breach of your tenancy agreement and you must have a clear rent account.We will explain any other conditions that might apply at the time. If we agree, we will take the action required by law to make the change.
Can I pass my tenancy to my partner, or to anyone else, when I die?
When a tenant dies, the tenancy continues in the name of any surviving joint tenants. Even if not joint tenants, it would also continue in the name of a surviving husband, wife or common-law partner, so long as his or her main home is with the tenant at the time. This is known as ‘succeeding’ to the tenancy. However, this will not apply if the tenancy has already passed in this way.
We would offer an alternative property, and take legal action if necessary, if we consider that the existing property is unsuitable for the person taking a new or a continuing tenancy. An example would be if the property is the wrong size or has special facilities such as for wheelchair users that the new household does not need.
Can I run a business from my home?
You do not have a right to run a business from your home, but we may consider granting you permission. You must ask our permission before you set up your business.We will consider all requests. An example of when we might refuse your request is if we think that it could disturb your neighbours or be unlawful.
What is subletting, and am I allowed to sublet?
Subletting is where you rent out your home to someone. You may only sublet part of your home, but you must get our written permission before you do so. If you sublet the whole of your home, you will no longer have an assured tenancy and we will take steps to end your tenancy.
Am I allowed to take in a lodger?
A lodger is someone who pays to live in your home, but does not have private use of any part of it. You are allowed to take in lodgers, but you must make sure that you do not overcrowd your home. If you have any doubts, you should contact us.
If I take in lodgers or sublet part of my home, will it affect my housing benefit entitlement?
It may reduce your entitlement to housing benefit. Please make sure that you keep the housing benefit section of the district council informed of any changes to your circumstances.
c. Your Rights
As an assured tenant of Ability Housing Association, you have many rights and obligations. These are set out in:
- the law
- your tenancy agreement, and in
- the Assured Tenant’s Charter published by the Housing Corporation (see Section 6..
What does it mean if I have ‘security of tenure’?
You can stay in your home provided you occupy your home as your only or principal home, and you keep to the terms of your tenancy agreement.
If you do not keep to your tenancy agreement, we may take legal action against you, and this could include action to take back your home.We will only do this if we have a valid reason and the law allows it.
What does it mean if I have ‘security of tenure’?
If you break the terms and conditions of your tenancy,we will contact you and tell you what you need to do to resolve it. If you continue to break your tenancy conditions,we may take legal action.This can lead to:
- getting an injunction, which is a court order requiring you to stick to the terms of your tenancy. This is used mainly against tenants who cause excessive noise, abuse, threats, violence, racial intimidation or harassment, etc.
- seeking to take back your home. In this case we will:
- warn you that we plan to take legal action by serving you with a Notice of Seeking Possession (NOSP.
- apply to court for a possession order. If the court grants the order, we can then seek a warrant for your eviction. This would mean you would have to leave your home and not be allowed back.
- contacting the council or the police.
Remember, you are responsible under your tenancy agreement for the actions or omissions of everyone in your household and your visitors when they are on our land or property.
What is a Notice of Seeking Possession?
When we serve a Notice of Seeking Possession, it is the first step of legal proceedings to end your tenancy. You should take it very seriously.
We normally give you four weeks’ notice, after which we can then apply to court for a possession hearing. This notice period should be used by you to bring your tenancy back into order. For example, stop causing a nuisance, or clear your rent account.We could apply to the court at any time in the 12 months after we serve the notice, if you do not put matters right and keep to your tenancy.
In cases of severe nuisance, the notice period may be shorter than four weeks.
What are the reasons that Ability could apply to court for a possession order?
We can apply to court for a possession order on one or more of the ‘Grounds’ set out in the Housing Act 1988 as amended by the Housing Act 1996.
If I get a possession order does this mean I will be evicted?
No. Often we ask for possession to be ‘suspended’ provided you comply with the court order. However, if you still do not comply with your tenancy obligations,we will ask the court to issue an eviction warrant and bring in the bailiff.We would always tell you if we intend to do this.
If you evict me from my home would you offer me somewhere else?
No, and, in some cases the council might consider you to have caused your own homelessness by breaking your tenancy terms, and so would not consider finding you alternative housing either.
However, in some circumstances (Ground 9., the court would only grant an order for possession if we can offer you suitable alternative accommodation. Generally speaking,we would use this if:
- We need your home to be empty to carry out necessary or major repair works, or redevelopment
- You inherit the tenancy from a member of your family (except your husband, wife or common-law partner who was a tenant of a transferring assured tenancy. and the home that you live in is bigger than you need
- You live in a house or flat that has special adaptations, features or services that are no longer needed by anyone living there.
We could also seek possession of your home if it is overcrowded. In these cases, help with finding suitable housing may be provided by the council.
Can I buy my home?
No. Ability does not own any housing that is eligible for the ‘right to buy’ or ‘right to acquire’ schemes.
What other rights do I have?
As well as the rights that are set out in your tenancy agreement, you have further rights as a tenant of a registered social landlord and these are set out in the Assured Tenants Charter, which is included at Section 6.
d. Moving in
The following is a list of things that you need to sort out when you move into your new home to make sure that everything goes smoothly. If you receive a support service from Ability, then your Housing SupportWorker can assist you with the necessary arrangements:
Gas, Electricity,Water and Telephone
- Let the suppliers of all these services know that you are the new tenant. You may also need to make arrangements to get supplies connected. Even if the supplies are already connected, don't put off contacting the suppliers because you could end up with big bills to pay later.
Electricity
- If all the power in your home goes off, check the main fuse box or circuit breaker as well as the plugs to your electrical appliances.
- The replacement of fuses in the main fuse box is your responsibility. Do not attempt to replace a main fuse unless you are sure you can do it safely.
- Most new homes will have circuit breakers instead of fuses. These are switches that will automatically go to the OFF position when a fuse would normally have blown.
Gas
- It is dangerous and illegal to try and fit, repair or service your gas fire or cooker yourself. Choose a fitter who is registered with CORGI (the Confederation of Registered Gas Installers.. All gas fires and boilers fitted by Ability will be serviced regularly by us.
- Your gas stopcock is likely to be near the gas meter. You may need to turn it off quickly in an emergency.
- Ventilation - gas appliances need fresh air to work safely. This is usually provided by ventilators in the wall, window or door. They must not be blocked off or wallpapered over.
Heating and hot water
Make sure that you know how your heating and hot water systems work. Ask a member of staff to go through it with you if you are unsure.
Water
- Your water stopcock is likely to be under the kitchen sink. Please check that it is working properly at regular intervals.
- Overflows - Cold water storage tanks and WC cisterns are fitted with overflow pipes to prevent flooding. If the overflow is running and you cannot stop it yourself (usually by unsticking the ball float. you should report it to Ability.
- In the event of a burst pipe you should:
- Turn off the water supply at the stopcock
- Turn on all taps to drain the system
- Find out where the water is coming from. Tie a rag around the leak if you can and put a bucket underneath.
- Contact Ability to report the burst or use our emergency service if it is outside normal office hours.
Frost Precautions
Water can freeze inside pipes during cold weather. This cracks the pipes and can cause damage to the building and your own decorations and possessions. Always leave some heating on if your home is going to be empty overnight or for a day or two - it only needs to be on a low setting.
Council tax
Tell the council (council tax section. that you are the new tenant. You can arrange to pay your council tax in monthly installments. It's better to sort this out quickly as you could face a large bill later if you do nothing.
Getting benefit
If you are entitled to benefits, you should contact your local benefits office as soon as you move to ensure that you don’t miss out on any payments. You may be able to get housing benefit to help pay some or all of your rent. Your council's housing benefit office will give you a form. Your Housing SupportWorker or Housing Officer will be able to assist if necessary. (See Section 6 for benefits information..
Doctors and dentists
Find out where your nearest doctors and dentists are (you could ask neighbours or the Ability team for recommendations. and register with them straight away rather than wait until you are ill.
TV Licence
You will need to update the address on your TV licence. (Write to TV licensing, Barton House, Bristol, BS98 1TL or phone 0117 937 7500..
Letting people know
Make a list of people and organisations that should know you have moved. This could include your employer, benefit office, banks and building societies, credit card companies, GP, library.
Redirecting mail
You can get the post office to redirect your mail from your old home to your new one but you will be charged for this service.
Keys
Ability does not usually keep spare keys to your home so, if you lose your key and the lock has to be forced, you will be charged for the damage. If possible, leave a set of keys with a close friend or relative rather than in your home.
Insurance
Ability only insures the fixtures and structure of your home.We strongly advise you to insure your own possessions against fire, theft, flooding and accidental damage.
You should also insure yourself against accidental damage to other property. For example, if you left a tap running and flooded a neighbour’s home, you would also be liable to replace our fixtures and fittings if you damage them.
Insurance is not expensive compared with the cost of replacing the contents of your home.
Security
The harder you make it for burglars to break into your home, the more likely it is that they will go somewhere else. You can often avoid a break-in by taking a few simple steps:
- Close all your windows when you go out, lock your entrance door and leave a light on.
- Never leave your key under the doormat or hanging on a string behind the letterbox as these are the first places that thieves look in.
- Check the identity of all callers before you let them in. Most officials and all Ability staff carry identity cards so ask to see them.
- Always cancel newspapers and milk when you go away. You should also inform Ability if you are going to be away from home for some time.
If you would like more guidance about how to protect your home, ask the Ability staff to arrange for a Crime Prevention Officer from the local police to visit you to give you advice.
Smoke alarms
Your home is fitted with a smoke alarm to give you an early warning if fire breaks out. You should never:
- Try to disconnect your alarm
- Paint over it
- Move it
- Remove the battery
- Delay replacing an old battery.
Check your alarm regularly to make sure that it is working properly. You can do this by pressing and holding the test button until the alarm sounds. The alarm should stop sounding after you take your finger off the button. If your alarm does not appear to be working properly after you have changed the battery, report it to Ability.
Fire
Fires can start easily and spread quickly. Please do not remove any internal doors or door closures in your home because these help to stop fires from spreading. If a fire does start you must:
- Leave the building as quickly as possible
- Close doors behind you if possible to stop flames and smoke spreading
- Phone 999 and give full details to the fire service
- Warn your neighbours
- Inform Ability staff.
You should also familiarise yourself with the fire safety instructions in your building.
Condensation
What is condensation?
Moisture is produced in all homes by breathing, cooking and washing. An average household produces 21 pints of water vapour a day.
However, there is a limit to the amount of water vapour that air can contain - the warmer it is the more it can hold. When the warm air comes into contact with a cold surface such as window, or when too much vapour is put onto the air, the moisture turns to liquid and forms as droplets of water - this is known as condensation.
Condensation frequently happens in warm, wet rooms like kitchens and bathrooms. It is seen on windows as steaming up and as patches of dampness on walls and ceilings.
Why is it a problem?
Small amounts of condensation can be found in most homes but, if it is not dealt with, mould growth will occur and in severe cases this will make some health conditions worse.
If mould is allowed to grow on furniture, clothes or decorations they will become damaged.
What can you do?
If you think you have condensation in your home, there are a number of practical steps that you can take:
Raising the room temperature helps reduce condensation - so try to keep your home as warm as you can afford.
Use central heating if you have it. It is best to have the heating on for longer periods of time at a lower temperature. Try adjusting your central heating thermostat if you have one. Ask for advice about getting the most out of your heating system.
Insulate - use draught excluders where possible. If condensation does form on the windows, wipe it off.
Improve ventilation - open windows where possible. If you dry clothes indoors, open a window to allow air to circulate. Do not drip/dry clothes indoors if possible.
Try not to put furniture in front of radiators.
Do not block air vents.
NEVER use portable gas heaters.
If mould does occur, it can be cleaned off walls, floors, etc. using one part bleach solution to four parts water.
In Kitchens:
Keep lids on pans and open the window slightly when cooking.
If you have a tumble drier, ventilate it outside. If it is not possible, try not to use it when you are cooking.
Keep the internal kitchen door closed when cooking. Do not let kettles and pans boil longer than is necessary. If you have an extractor fan fitted, make sure you use it when cooking.
In Bathrooms:
Heat the room before taking a bath or shower. Open a window afterwards. Put cold water in to the bath before you add hot water. If your bathroom has no window, make sure the extractor fan is working. If it is not working, report it to your local staff.
What next?
If these measures do not improve the problem of condensation in your home contact your Area Manager. It may help to keep a record of the condensation; for example, when and where it occurs.
e. Taking part
At Ability Housing Association we aim to involve tenants in the management of their homes as we believe that participation helps communities to thrive.
Ability wants to hear what you have to say about the services we provide so that we can get it right. There are a number of ways that you can get involved at a regional, area or local level.
Involving residents
The Ability strategy for involving our residents is called the Tenant Participation Strategy. You can request a copy of this from your Area Office. There are lots of ways that you can get involved including:
- Regional Consultative Committees
- Tenant and resident associations
- Surveys on tenant views
- Tenant newsletters.
Ability also has tenant members on the Board and its Committees. If you want to become involved with a committee or association, Ability will meet any travel expenses or other associated costs.
Want to find out more?
If you would like to find out more about becoming involved with Ability in your area, please contact your Area Manager.
f. Moving on
If you want to move from your current home, we will try to help you. Your reasons for wanting to move may be because:
- You are living in housing with support and you would like to move on to something more independent
- You are living in shared housing and would like a home of your own
- Your circumstances have changed and you now need a larger or smaller home.
Whatever the reason,we may be able to help by:
- Arranging for you to move to another of our homes – a transfer
- Helping you find someone for you to swap homes with - an exchange
- Finding another housing association or local council with a home which suits you better – the H.O.M.E.S scheme.
- Assisting you to own your own home through schemes such as Homebuy, Shared Ownership, Voluntary Purchase Grant or Right to Acquire.
Transfers
We would like every resident to have the home that best meets their needs. So, as your circumstances change, there is the opportunity to apply to transfer to another Ability property.We give a high priority to people moving on from shared housing or housing with support.
However, you are unlikely to be considered for a transfer if:
- You are behind with your rent
- You have damaged or neglected your home so badly that it will cost us a lot to make it fit for someone else to move in
- Your behaviour means that you are in breach of your tenancy agreement and you could face losing your present home as a result of the action we are taking.
Exchanges - 'swapping homes'
You have a right to swap your home with another of our tenants or a tenant of another housing association or council. You have to obtain our permission but we cannot refuse permission without a good reason.
Your local council has lists of people in council houses or other housing association homes wanting to move into the area. You can look at these lists at the council offices.
If you want to move to another part of the country, HOMESWAP is a national scheme for helping you find someone to swap with. It is a free service and you can get an exchange registration form by telephoning H.O.M.E.S. on 020 7963 0200.
Do not move until you have got the permission of both landlords.
Please note that we can refuse permission for an exchange if:
- You are behind with your rent
- Either tenant has a Court Order for Possession
- Your home is much bigger than the incoming tenant actually needs (ie. they would have more than one spare bedroom.
- Your home is in a housing with support scheme, or has been specially adapted,and the incoming tenant does not need those facilities
- The incoming tenant is not already one of our tenants and has an income too high to meet our charitable objectives.
Other Options
If you apply for a transfer and we can't help you,we can approach other housing associations or local councils to see if they can help.We are a member of H.O.M.E.S (Housing Organisations Mobility and Exchange Services. and have agreed to help the tenants of other landlords in exchange for them helping ours.
We have a register of where other landlords have property, so it is a good idea to telephone us to ask about the possibilities and get a H.O.M.E.S Application Form. When we get your form back, we will contact other landlords. If they think there is a possibility they could help,we will forward the form to them. They will then get in touch with you direct if they are able to make an offer.
Moving Out
Before you move out, you must give Ability four weeks notice in writing.
During the period, you will be contacted to arrange an inspection of the property. This is to ensure that the property has been maintained in a satisfactory manner and is going to be left in a condition that is fit for the next tenant.
You must return the keys to the property to your Housing SupportWorker, or the Area Office, on the day the notice expires. During the notice period, you will need to contact various people to advise them that you are moving out. The utility companies will need the final meter readings on the day you leave. Your Housing SupportWorker will be able to assist you with this.