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Mendip Housing 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. It is proposed that all new tenants will be given a 12-month Starter Tenancy when they first become a tenant of Mendip Housing. 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. We also want to know what you think about them. Find out how to send your comments here.
Starter Tenancies are similar to the Assured Tenancies Mendip Housing 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:
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.
Am I a starter tenant?You will have a starter tenancy because:
How does a starter tenancy affect my rights?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.
Can I be evicted?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. Mendip Housing 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:
Even if you have been taken to the court by Mendip Housing 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.
What are the rules about rent and rent increases?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.
Who is responsible for repairs?Mendip Housing 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. You can find out more here. (link to Residents information → Tenants information → Tenants handbook)
Can I pass on my tenancy when I die?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.
Can I pass on my tenancy during my lifetime?This process is called assignment. Most starter tenants can only assign their tenancy if Mendip Housing 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.
Can I get a transfer or exchange my home?If you are a starter tenant you will not normally be able to exchange or transfer your home.
How can I buy my own place?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.
Getting involved in the management of your homeMendip Housing 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 Mendip Housing. Ask us for more information about how you can get involved, and how final decisions will be made.
Where can I find out more about my rights?Mendip Housing 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.
What if I want to make a complaint?If you feel that the Mendip Housing 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 about this here. If you’re not happy with the response you get, you can complain further to the Housing Ombudsman service.
Have your say about Starter Tenancies We want to know what you think about Starter Tenancies. You can read a draft agreement here. Send your comments to: jschlechter@mendiphousing.co.uk or rshortman@mendiphousing.co.uk
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