Your Tenancy

Your rights

Security of tenure
HFI is an ALMO, this means that HFI manage all the homes on behalf of Islington Council.

Islington Council is still your landlord. Most council tenants are secure tenants under the Housing Act 1985. This means that we cannot evict you without going to court for a possession order. We have to prove to the court that one of the grounds (reasons) for possession listed in the Housing Act 1985 applies.

We can apply for a Possession Order if:

• You do not pay your rent
• You, a member of your household (including children) or someone visiting you causes a nuisance to another resident
• You or your family or visitors damage your home or the estate where you live
• You do not live in the property as your only or main home
• You got your tenancy by giving false information
• You allow your home to be used for illegal purposes or
• The Council intends to demolish or carry out extensive works to your home

Please remember, if you do not keep to the conditions of your tenancy agreement you could lose your home. In all cases we prefer to solve problems before going to court. If we do take you to court, we encourage you to choose a legal representative to defend you. The court will make a decision based on the evidence presented.

Your responsibilities
HFI aim to adopt a customer-centred approach when delivering our housing services. You can help us by committing to keep to your tenancy agreement.

Your main responsibilities are to:

• Pay your rent in advance (on time)
• Do the repairs you are responsible for
• Report your repairs promptly to HFI Direct on 0800 694 3344
• Allow us and our contractors access to your home to inspect or carry out any repairs or to make gas safety checks
• Look after your property and any shared areas
• Give us 4 weeks’ notice if you decide to give up your tenancy
• Live in the property as your only or main home
• Get rid of rubbish properly and not dump it outside your property or on the estate
• Get our written permission if you:

- Want to make any alterations or additions to your home
- Put up an aerial or satellite dish on the outside of your home

• Keep to parking restrictions on our estates
• Report any antisocial behaviour or abandoned vehicles to us
• Be a good neighbour and not cause a nuisance or allow your family and visitors to cause a nuisance

Lodgers
As a secure tenant you have the right to take in lodgers. A ‘lodger’ is someone living closely with you and probably sharing meals. However the following rules apply:

• You must give your local area housing office details including:

- The name, age and sex of the lodger
- Details of meals and other services you will provide and   how much rent the lodger will pay you

• Your home must not become statutorily overcrowded
• Your lodger must not cause any nuisance or damage
• If you receive Housing Benefit you must give details to the Council’s Housing Benefit department, as this may affect your entitlement
• Your lodger must leave when you want and not stay in the property if you move out

Lodgers have no right to the tenancy and the Council has no responsibilities to them.  We will not include your lodger as part of your household or tenancy if you apply for a housing transfer application

Subletting
A ‘subtenant’ is someone who pays you rent for the exclusive use of a room but does not have much to do with you on a day-to-day basis.

The Housing Act 1985 does not permit you to sublet or part with possession of the whole of your home. If you do so, you will lose security of tenure and become a Tolerated Trespasser. We will take action to repossess your home. If you wish to sublet part of your home you must get our written permission first. Please apply to your area housing office:

• You must provide details of the agreement you intend to use
• You must also provide details of who you have sublet part of your property to
• If you get Housing Benefit you must tell the Council’s Housing Benefit department as this may affect your entitlement
• You must not overcrowd your home

Giving your tenancy to someone else-assignment and mutual exchanges
You can only assign (handover) your tenancy to someone else in limited circumstances, as follows:

• If you exchange your home with another tenant (mutual exchange) and have the permission of both landlords
• In connection with a court order on relationship breakdown
• If there is a person living with you who is eligible to take over the tenancy, for example:
• Your spouse or civil partner (they must be living with you when you pass on the tenancy)

or

• A relative who has been living with you for at least the last 12 months before the date you want to hand over the tenancy (In this situation a relative means a parent, a grandparent, a child, a grandchild, an uncle, an aunt, a nephew or niece or someone living with you as your partner, including a same sex partner.

However you do not have the right to pass on the tenancy if:

• You got the tenancy from a relative who died or assigned the property to you
• You have been a joint tenant and have since become the only tenant of the property

You must apply to your local area housing office if you want to pass on your home.

Succession
If you are a secure tenant and did not succeed to the tenancy yourself, when you die your tenancy can be passed to:

• A joint tenant
• Your husband or wife or civil partner if they live with you and it is their only or main home or
• Your partner or another member of your family who lived with you for at least 12 months before your death and your home is their only or main home
• If the property is larger than your partner or relative needs by more than one bedroom or
• If your home has been adapted for a disabled person, they may not be able to stay. In these cases we will offer them a secure tenancy of a more suitable home

Joint tenancies
A joint tenancy is one you share with someone else. It means that both or all of you are responsible for keeping to the conditions of the tenancy agreement including paying all the rent.

It also means you have equal rights to the tenancy and to stay in the property until the tenancy ends.

In a joint tenancy, either joint tenant can send us a notice to end the tenancy, whether or not the joint tenants have agreed. This will end the tenancy and all the tenants’ rights under it. We can then repossess the property. The court may transfer the tenancy from one partner to the other if a couple separates.

If you want to change from a sole tenancy to a joint tenancy, you must apply to your local area housing office. We will take account of what relationship you have with the other person, how long term it is and whether or not you owe rent you should have already paid. We do not normally agree to joint tenancies unless the other tenant is your spouse or partner.

Moving home
Transfers
All Islington tenants are eligible to join the housing register. Transfers are given according to the number of points you have. If you have over 140 points and are eligible for a transfer, you will be able to bid for a new home through the Home Connections scheme. Your chances will be much better if you do not restrict the areas or type of property you are prepared to accept.

We give priority points to tenants who have urgent reasons for moving. These include:

• Serious medical problems
• ‘Decant cases’ – where major repairs or improvements are planned and you need to move out for these
• Tenants whose homes are too large for them and
• Tenants who are under threat of violence or serious harm

The Home Connections scheme is designed to offer more choice to all applicants who are on the housing register. Empty properties are advertised in the Islington Gazette, in the area housing offices or at the Home Connections website www.homeconnections.org.uk

Application forms are available from your area housing office. When applying for a transfer, you must make sure that the information on your application is honest and correct. You must tell us if your circumstances change in any way, as this could affect your application.

You can get further information about transfers from the Rehousing team on 020 7527 4140 or 4143.

You must remember that council housing is in short supply. We are not able to help everyone who applies for a transfer. Those we do help may have to wait for many years. Therefore we encourage you to consider other housing options.

Swapping or exchanging your home (Mutual Exchange Scheme)
You may have more success in moving home by finding another tenant who would like to swap homes with you. You can swap your home with another council or housing association tenant either in Islington or anywhere else in the UK. To find someone to exchange with, there are two advertising schemes. These are Homeswapper and Smartmove.

Homeswapper is run by an independent organisation. This is a national advertising scheme, which means you can advertise in other parts of the United Kingdom as well as Islington. Telephone 0845 6066161 or www.homeswapper.co.uk for more information.

Smartmove is for Islington Council tenants only and is targeted at under-occupying tenants (tenants with more bedrooms than they require) and tenants in overcrowded homes. Islington Council advertises under-occupiers wishing to do a mutual exchange into a smaller property, alongside the Home Connections advert in the Islington Gazette. If you find someone to exchange with, you will need to get permission from your Landlord. Both parties will need to fill in a mutual exchange application form. The Council has 42 days from the time it is registered to inform you of their decision. For more information on the schemes you can call the Rehousing team on 020 7527 4140 or 4143.

Sheltered housing schemes
Sheltered housing is particularly designed for elderly people (over 60) who want to live independently but at the same time want the added security of a sheltered scheme co-ordinator and an alarm system. For more help and advice or to apply, please contact Rehousing enquiry service on 020 7527 4140 or 4143).

Moving to a smaller home (Under Occupancy Scheme)
This scheme offers information and advice to assist you in moving to a smaller home that suits your needs. To qualify you must be a council tenant and living in a property with two or more bedrooms and be willing to move to a smaller property. If you currently occupy a property with four or more bedrooms and have an assessed need for a one-bedroom you may be able to keep one of your spare rooms and be eligible for a 2-bedroom.

You could also get cash incentive grant of £500 for each spare room that you give up and a grant to help with your removal expenses. For further information on this scheme please contact the Rehousing Team on 020 7527 4140 or 5174.

New generation scheme
If you have been a permanent member of the household of an Islington tenant for at least five years and meet the general conditions of the council’s allocation policy, you can apply for this scheme. For more information, phone the Rehousing Team on 020 7527 4140 or 4143.

Shared ownership
If you would like to buy a new home but cannot afford to purchase outright, shared ownership schemes (operated by housing associations) may enable you to move to a home that would otherwise be too costly. These schemes enable you to buy a share of the ownership of a property and pay rent on the remaining share. When you can afford to, you can later buy additional shares until, if you wish, you can purchase the property outright.

Your Guide to Housing booklet
We have produced the Your Guide to Housing booklet to give Islington residents advice on the housing options available to them. The booklet includes more detailed information on the schemes above and more information about private renting, shared ownership and other housing schemes. You can access the Guide to Housing booklet on the council’s website at www.islington.gov.uk/housing/findingahome or you can ask for a copy of the booklet at your area housing office.

Moving out and ending your tenancy
To end your tenancy, you must give us four weeks written notice, ending at midnight on Sunday.

You must send this to your area housing office.

If you are transferring to another Registered Social Landlord (such as a housing association) through choice-based lettings, you will have to move quickly. In this case we will not enforce the four-week notice period as long as you return the keys to us when your new tenancy starts.

When you move out you must:

• Remove all your belongings
• Responsibly dispose of all your rubbish
• Get gas and electricity meters read and close your accounts
• Leave your home in a good condition and
• Leave all fixtures and fittings and remove any unauthorised improvements
• Leave your garden or outside space clean and tidy

We will inspect the property and charge you for any damage not caused by fair wear and tear and for clearing any rubbish on your behalf. If your property is left clean, clear and in good repair when you move you may be eligible to be entered for a £150 Just Rewards draw.

You must return all your keys to your area housing office on the day you move out and by noon on the Monday after your tenancy ends at the latest. Otherwise you will have to pay any extra weeks’ rent and the cost for us to get into the property.

Unauthorised occupants or squatters
When you move out of your home, you must not leave anyone else living there. If you do, you will still be responsible for the rent. Anyone who stays in the property may be evicted. You must not give or sell your keys to anyone else. You must close and lock all doors and windows when you leave.

If you know about someone living in a council property who should not be there, please:

Call the Housing Investigations hotline on 020 7527 7701

If you see anyone breaking into a council property, please call the police immediately.

Safety and security in your home
There are many ways you can improve the safety and security of your home. This section reminds you about some of the more important ones. It also tells you about the need to take out insurance and gives information about the council’s tenant insurance scheme.

Preventing burglaries

• Close all windows and lock entrance doors when you go out, even for a short time. Most thefts happen during the day and only take a few minutes Fit window locks-they are relatively cheap but effective. Please make sure you know where the keys are at all times in case of an emergency such as a fire.  Make sure ground floor windows and windows near pipes or flat roofs are closed at night.
• Never leave keys under a mat or on a string inside the letterbox.
• Don’t advertise that you are going away from home (for example, by leaving notes for callers)
• Remember to stop newspapers, milk and other deliveries when you go on holiday
• Leave a holiday address with the police or a neighbour in case anything happens while you are away
• Always ask all callers to prove their identity before letting them in. All our staff and contractors and workers from the gas, electricity or water board or police officers have identity cards for this reason. If you are suspicious, call the police and always ask all callers to prove their identity before letting them in
• If you have an entry phone system, use it properly. Don’t let people you do not know in and don’t prop or jam doors open
• You should not fit security gates to the front door of your home. They could slow your escape in a fire or prevent the fire brigade from rescuing you

Please be aware that as a tenant you are not allowed to make improvements to your home without our permission. This includes fitting metal security gates to your entrance doors. We are aware that some tenants do this for security reasons, but there are dangers in fitting these gates.

Callers to your home
Our staff and contractors carry identity cards. If someone comes to your house, claiming to be from HFI, always ask them to prove their identity.

You should always ask for identity cards from people who claim to be from the gas, electricity or water board. Staff from these services should also be able to tell you your account number. It is shown on your bills, so keep one handy.

• Never let anyone into your home unless you are completely satisfied that they are who they say they are.
• If you have any doubts that someone is not genuine do not let them in. If the caller leaves when you challenge them, do not delay-call the police straight away.

Crime Prevention Officers at your local police station are always happy to give you further advice about protecting your home. They would also help if you want to set up a Neighbourhood

Watch Scheme in your area. Remember that their advice is free.

Holidays
If you are going on holiday or leaving your home empty for a long time:

• Make sure your home is secure
• Cancel your milk, papers and other deliveries
• Arrange for a friend or relative to keep an eye on your home and have a key in case of emergencies
• Remember to turn off the gas, water and electricity supplies

If you are going away for longer than a month, you must tell us before you go.

If you get Housing Benefit, this may be affected by your absence.

If you intend to be away for longer than three months, you will need our permission before you go. Please apply to your area housing office in writing. We will consider each case individually, but generally we will not give permission for you to be absent for longer than 12 months.

In either case you must give us:

• The date you intend to leave
• The date you plan to return
• The arrangements you have made for paying the rent and caring for the property (you are still not entitled to sublet your home without our written agreement) and
• The address and phone number of where we can contact you

Insurance
You are responsible for insuring the contents of your home.

You are responsible for any loss or damage to your home due to theft, fire, flooding or an accident.

We advise you to take out home insurance to cover:

• Furniture and fittings
• Personal belongings
• Clothes
• Food and drink
• Jewellery and other valuables and
• Rented equipment, such as televisions

It is important to insure things for their full value.

Comprehensive house insurance will also include third party cover if someone makes a claim against you. For example, if you left a tap running and flooded your neighbour’s flat, you could be held responsible for any damage.

We strongly advise you to take out household contents insurance.

You can do this either through the council’s scheme or by making your own private arrangements.

The council provides a special insurance service available to council tenants and right to buy leaseholders, providing peace of mind for a reasonable cost.

If you would like more information or a leaflet or proposal form, phone the tenants insurance scheme on 020 7527 1890 or write to them at 222 Upper Street, London N1 1XR.

If you decide to make private arrangements, insurance companies or the British Insurance Association can advise you. It is worth shopping around to find the best deal.

Antisocial behaviour and harassment
We take all complaints about antisocial behaviour seriously. We are determined to tackle it and work with the police and other agencies. We have produced a number of fact sheets and a leaflet on ASB. These can be accessed online at www.homesforislington.org.uk or from your area housing office.

What is antisocial behaviour?
Antisocial behaviour is acting in a manner that caused or is likely to cause harassment, alarm or distress to one or more people not of the same household. It can also be described as behaviour that unreasonably interferes with other peoples’ rights to use their home and community.

Your responsibilities as a tenant
You are responsible for the behaviour of every person, including children, living in or visiting your property. This includes responsibility for their behaviour in the property, in shared areas and in the area around the property.

We can take a range of legal actions against you if you are committing antisocial behaviour.

What to do if you are the victim of antisocial behaviour
We expect you to take reasonable action to resolve certain types of antisocial behaviour such as neighbour disputes.

If there is a serious problem that needs our involvement, please contact your area housing office. They will be able to offer advice and investigate the problem. They will decide what action can be taken and keep you informed of the progress.

If you suspect that the antisocial behaviour involves criminal activity please contact the Police Community Safety Team. In an emergency call 999.

Out of hours ASB response team
The team patrol estates and support residents to help prevent crime and deter antisocial behaviour. They work closely with the community and in partnership with HFI services, Police, Islington Council, Young People’s Services and other local agencies to help resolve problems and act as professional witnesses. The officers are here to provide a highly visible and reassuring presence. They are working closely with the ASB Officers dealing with known hot spot areas where antisocial behaviour is regularly occurring. They can assess and monitor cases of antisocial behaviour including: Nuisance, Vandalism, Abandoned Vehicles, Fly-tipping and Graffiti.

Hours of patrolling HFI estates are Monday to Thursday from 4pm to midnight and Friday and Saturday 5pm to 1am.

Domestic violence
Domestic violence is a crime and the police have specially trained officers to help you. They can also take action to protect you.

In an emergency call 999. Or you can contact your local police station or the Police Community Safety Team.

If you suffer violence or are threatened with violence, you should report it to your area housing office as soon as possible. A Tenancy Management Adviser will be able to give you advice, make a record of the incident and if you are requesting emergency accommodation refer you to the Council’s Housing Aid Centre for help.

If we help you with temporary accommodation, it does not mean that we agree domestic violence has taken place or we are responsible for finding you a permanent home. We will look at the situation carefully and make a decision as soon as possible about what long-term help we can offer you. This may include taking further security measures so that you can live in the home you left.

As well as helping the victims of domestic violence, we can also take action against the person causing the violence. Domestic violence is not acceptable and we aim to prevent people who are violent from benefiting from their behaviour. We will only take action if you agree and they will discuss with you what action may be suitable. If the person causing the violence also lives in our property, they will be breaking their tenancy conditions and we may consider action to evict them.

Housing Support Service
A Housing Support Service is provided to help tenants who may need extra help to deal with situations such as domestic violence or evictions due to antisocial behaviour. Tenancy Management, Income Recovery or Antisocial Behaviour Teams can refer tenants who may be vulnerable and require extra support to the Housing Support Officer. There is also a facility for self-referral to the Housing Support Service, this form can be found on the HFI website information, phone the Rehousing Team on 020 7527 4140 or 4143.

Getting involved in making decisions
You have the right to a say in how your home is managed. You may know best what changes should be made on your estate and together with other tenants and leaseholders across the borough, you can make decisions about the way your homes are managed and improved.

As an individual
By law, we must consult you as a secure tenant on matters affecting your home and the services you receive. This includes:

• Repairs or improvements to your home
• Changes to your conditions of tenancy if you are a tenant
• Standards of service and
• Environmental improvements, security work or caretaking arrangements

We will ask you what you think by:

• Sending you a letter
• Holding meetings
• Carrying out surveys
• Publishing a three monthly tenants’ and residents’ newsletter and
• Working closely with Tenants’ and Residents’ Associations

On your estate
Many estates already have Tenants’ and Residents’ Associations (TRAs), which we recognise.

They are a great way for tenants to get involved and they:

• Meet regularly to discuss problems on the estate
• Are consulted by HFI on improvement programmes and other major issues
• Campaign for improvements or new facilities
• Take part in managing community centres (where there is one) and organise community activities and
• Represent the interests of tenants and leaseholders on the estate at the area housing panel

TRAs are set up for a variety of reasons. Tenants and leaseholders may decide they want a greater say in the way the housing service is run or there may be a specific issue such as estate security or major works that they wish to resolve.

In order to be formally recognised the TRAs must allow all tenants and leaseholders to get involved, treat everyone fairly and have regular elections to choose people to run the association. Many TRAs are part of the Federation of Islington Tenants’ Associations (FITA), which provides support to existing TRAs and helps new TRAs to get going. If you live in a small block or street property, you could join with tenants in other blocks nearby to form your own association or join the TRA on the nearest large estate.

To find out more information please ring your area housing office and ask to speak to your Community and Service Development Officer.

Some estates decide to be more involved and take on responsibility for day-to-day estate management and repairs. To do this, residents must set up a properly constituted organisation, a Tenant Management Organisation (TMO) and secure the support of most the tenants and resident on the estate. The Council still owns the property and tenants keep their secure tenancy.

Setting up a TMO generally takes 2 to 3 years. An independent consultant is usually employed to provide residents with all the advice and training they need and is funded with money from central government and Islington Council.

In your local housing area
There are 4 local housing areas in Islington, each with its own area housing office. Each area has a consultative panel. This is made up of nominated representatives from recognized tenants’ organisations in the area, such as Tenants’ and Residents’ Associations and Tenant Management Organisations. There are also elected tenant and leaseholder representatives for estates, small blocks and street properties where there are no representative tenants’ organisations set up.

Consultative panels meet regularly with local housing staff and ward councillors to:

• Receive reports on performance
• Recommend and monitor spending for designated local budgets
• Help decide which major repairs or improvement programmes are given priority
• Comment on draft committee reports and
• Discuss any problems relating to the local housing management service

Our Board of Directors
Homes for Islington is managed by a Board of seventeen Directors. Seven of these Directors are residents and there are opportunities for tenants to become Directors and be involved in decision making at the highest level

The Board:
Oversees strategic direction
Ensures the organisation is on target to meet the Decent Homes Standard
Ensures resident involvement across all of the decision-making processes

Our Sub-Boards
We also have 2 Sub-Boards with residents sitting with main Board Directors. Tenants can become associate Directors and consider performance issues

The Sub-Boards will:

• Monitor performance at a local level
• Form a link with area panels and other consultative groups
• Develop our strategy for involving residents
• Make recommendations on future plans for electing resident Directors to the main Board and Sub-Boards and
• Recommend the programmes for what maintenance and improvement works we do each year across the borough

Tenant Compact
We have developed an Islington Tenant Compact. The Compact is an agreement between us and tenants, including council leaseholders. The Compact sets out how we consult with and involve tenants and leaseholders in local decisions that affect homes and communities.

We have produced a summary of the Tenant Compact. For a copy, simply contact your area housing office.