Flourish Homes, like other housing associations, was given the right under the Housing Act 1996 to issue Starter Tenancies to new tenants. The introduction of Starter Tenancies was one of a number of initiatives brought in by the government to support housing providers in tackling anti-social behaviour.
Flourish Homes believes in tackling anti-social behaviour at an early stage and dealing effectively with breaches of tenancy agreements, introducing Starter Tenancies will help us to do this more effectively.
All new tenants are now given a 12-month Starter Tenancy when they first move into their Flourish Homes rented property. But if you are already a tenant your tenancy agreement with us will not change.
You will find lots of information about Starter Tenancies below.
Starter Tenancies are similar to the Assured Tenancies Flourish Homes currently gives to all tenants. The main difference is that a Starter Tenancy is only for 12 months while an Assured Tenancy continues for as long as the tenant wants, unless they break the terms of their tenancy agreement.
A Starter Tenancy gives pretty much the same rights as tenants on an Assured Tenancy for things like:
But with a Starter Tenancy you do not have:
- The right to take in lodgers
- The right to improve or claim compensation for improvements
- The right to ask to exchange properties
- The right to acquire your home ie buy it
Tenants on Starter Tenancies will also need to keep to the other terms of their tenancy agreement in the same way that Assured Tenants are expected to keep to the terms of their agreement.
Flourish Homes will give you a starter tenancy as a 12-month trial period at the beginning of your tenancy. During this time you will have fewer rights, so you can be evicted more easily.
You will have a starter tenancy because:
- Flourish Homes has a policy that all new tenancies will be starter tenancies, or
- the length of time specified for the starter tenancy (normally 12 months) is not yet finished
A Starter Tenancy is a trial tenancy. They are not created by law, but are assured shorthold tenancies. It will give you less rights and less protection from eviction than a secure or assured tenant has.
At the end of the Starter Tenancy you should automatically become an assured tenant if Flourish Homes does not take steps to evict you. Contact a local advice centre if you are not sure of your status. Use your local Customer Information Point or Library to find an agency near you.
Yes. Starter tenants can be evicted fairly easily. We can bring a Starter Tenancy to an end by obtaining a court order for possession. It does not have to prove a legal reason (known as a ground) in court, and if it follows the correct procedure the judge will have no choice but to order an eviction. Flourish Homes must give you at least two months’ written notice that it is going to ask the court to evict you but we do not have to explain our reasons. The most common reasons for eviction include:
- not paying the rent
- causing a nuisance to neighbours
- using the property for things that are against the law
- living in another property and/or subletting your home without our permission
Even if you have been taken to the court by Flourish Homes or have a date when the bailiffs are coming, get in touch with a legal adviser immediately to find out whether the eviction can be delayed or even stopped.
There are rules about how and when the rent can be increased. Your tenancy agreement should explain the procedure. In most cases you should be given at least four weeks’ written notice of a rent increase. If you think your rent has been increased unfairly, you may be able to appeal to the Rent Assessment Committee (RAC). You must apply for an appeal before the date that your rent is due to go up. An adviser can tell you if it is worth appealing and may be able to help you put your case to the RAC.
Tenants on Starter Tenancies and those on Assured Tenancies pay exactly the same rent.
Your rent should always be your top financial priority – even if you have other debts – because you could lose your home if you get into rent arrears. Make sure you tell Flourish Homes immediately if you are having difficulty with paying either the rent or service charges, because we can help you and provide information about benefits that you could be eligible for. If you are claiming benefits or are on a low income, you may be eligible for Housing Benefit to help you pay the rent.
Flourish Homes will give you information about what repairs you are responsible for, which usually includes internal decoration and putting right any damage you or visitors to your property cause. Information about responsibility for repairs to the property is clearly laid out in the Tenants Handbook.
We are responsible for most other repairs, including any problems with the roof, guttering, windows, doors and brickwork. We also have to ensure that the plumbing, gas and electricity are working safely. If your home needs repairs, report the problem to us immediately. If the Flourish Homes plans to do major work, we should consult you before the work begins. If you have to move out while the work is done, we may have to rehouse you (temporarily or permanently), and you may be entitled to claim compensation.
Yes, starter tenancies can be passed on in the same way as assured tenancies. If you have a joint tenancy, the other joint tenant will automatically take over the tenancy if you die. But, if you are the sole tenant, there are rules about who the tenancy can be passed on to. The legal process is called succession, and it can normally only happen once.
This process is called assignment. Most starter tenants can only assign their tenancy if Flourish Homes agrees to it. If you want to assign your tenancy, get advice first. If you do not follow the correct procedure, you could still be legally responsible for paying the rent and the person who stays on could be evicted.
If you are a starter tenant you will not normally be able to exchange or transfer your home.
Starter tenants do not have the Right to Buy. But you may be able to buy a home through a number of other home-ownership schemes. If your tenancy becomes an assured tenancy you may have the right to acquire.
Flourish Homes will consult and involve you in decisions that are likely to affect you. You may be able to join a tenants’ group and help in the running of Flourish Homes.
For further details about how to get involved please talk to the Customer Involvement Worker in your area team on:
Frome area team:
0333 400 8233
Glastonbury and Street area team:
0333 400 8211
Shepton Mallet and Wells team:
0333 400 8222
Ask us for more information about how you can get involved, and how final decisions will be made.
Flourish Homes will provide you with a written tenancy agreement. It will state what kind of tenancy you have and explain your rights and responsibilities. We cannot normally make changes to it without your written consent. You should also check your tenants’ handbook.
Your rights are also explained here in the Housing Corporation’s Charter for housing association applicants and residents.
Alternatively, contact a citizen’s advice bureau in your area.
If you feel that the Flourish Homes is not treating you fairly or has failed to fulfil its responsibilities, you should use our official complaints procedure. You usually have to do this before you can take things any further. You can find out more making a complaint about this here.
If you’re not happy with the response you get, you can complain further to the Housing Ombudsman service.
