Tenants handbook
The Tenant Handbook is currently under review and will be published here shortly. Should you wish to receive an updated copy, please contact the neighbourhood services team on 01529 414155 who will be happy to take your details and send a copy to you when it is available.
Tenancy agreement
Your tenancy agreement explains your rights and responsibilities as a tenant, and the Council’s responsibilities as your Landlord.
You are also covered by ‘Your rights as a Council Tenant’ as outlined by the Government. Copies of this leaflet are available from the Council offices and Online.
When you accepted the tenancy of your home, you agreed to the conditions set out in the tenancy agreement. This is a set of written rules that everyone must follow.
If any of the rules in the tenancy agreement are broken we can take legal action against you. We will notify you in writing of what part of the agreement you have breached. It may be something you have done or failed to do. You will then be given the opportunity to put it right. We will make every effort to sort problems out with you. If you continue to breach your tenancy agreement, the Council will serve you with a ‘Notice Seeking Possession’.
One important aim of the tenancy agreement is to ensure a good relationship between you, the Council and your neighbours.
Transfer of tenancy
Assignment
There are certain circumstances that allow for a tenant to legally transfer their tenancy to someone else. The right to assign the tenancy may be through legislation or as a condition of the tenancy agreement. An assignment will usually only be permitted in the following circumstances:
- A court order made under family or matrimonial legislation.
- Via a mutual exchange that has been approved by North Kesteven District Council as set out in the tenancy agreement.
- To a person qualified to succeed upon the tenant's death.
Succession
When a tenant dies, our tenancy policy is to grant rights of succession to other occupiers of the property in accordance with current legislation.
Secure Tenancies which commenced prior to introduction of the Localism Act 2011 (15 November 2011) hold a different statutory right of succession to those which commenced on or after this date.
For pre-Localism Act tenancies there is a statutory right of succession for:
- Joint tenants.
- A sole tenant’s spouse or civil partner (or those living with the tenant as a spouse or civil partner).
- A family member such as the tenant’s parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece, who has been a member of the household for the twelve months preceding the tenant’s death.
For tenancies granted after 15 November 2011, the Localism Act 2011 removed the statutory right of succession for family members.
The Council will allow a contractual succession right for the tenant’s parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece where they have lived as a member of the tenant’s household for the twelve months preceding the tenant’s death.
Further information and advice regarding council tenancy succession is available on the Shelter website.
Please contact the Duty Housing Officer on 01529 414155 or email neighbourhood_services@n-kesteven.gov.uk should you wish to discuss your succession rights, or any other condition of your tenancy agreement.