Tenancy Agreement - Consultation 2024/25
The Council intends to make changes to its introductory/secure tenancy agreement. The reasons for making the proposed changes are:
• The current tenancy agreement has been in use since 2010, and it now needs up-dating as a result of changes in the law, regulation and general accepted good practice.
• The proposed new tenancy agreement is a completely new, re-written document which is now set out in clearly headed sections based on rights and responsibilities rather than on subject areas. We believe that this will make the tenancy agreement easier to read and understand.
By law we are required to consult tenants on the proposed new tenancy agreement as once the consultation has been completed and the Council’s Cabinet have approved it, this will become the new tenancy agreement, subject to any further changes we make because of consulting with you.
Our obligation is to consult with you
A preliminary notice of variation and draft tenancy agreement will be sent to all tenants in accordance with section 103 of the Housing Act 1985 because the Council intends to serve a notice of variation to change the terms of your tenancy agreement. This final notice of variation will be served after the consultation period and approval by Cabinet.
Proposed timetable for change
We are inviting comments on the proposed new tenancy agreement by noon on Friday 24th January 2025.
Following consultation, we will consider all the comments we receive and may make changes to the draft tenancy agreement that you have been sent because of those comments. We expect that you will be bound by the new tenancy agreement and its terms from Monday, 07 April 2025 but we will confirm this in our final notice of variation.
How to respond to this preliminary notice of variation and consultation:
To respond to the preliminary notice and consultation you can complete the preliminary notice feedback form (being sent to all tenants in the post) and return it to:
By Post: In the freepost return envelope provided.
Or you can provide your feedback by completing the online Tenancy Agreement Consultation form , also available at: https://www.cannockchasedc.gov.uk/residents/housing/tenant-and-resident-engagement/housing-consultations
Alternatively, you may e-mail your comments to us at: ResidentEngagement@cannockchasedc.gov.uk
There is an information session being held at the Council Offices in Cannock on Wednesday 11th December at 5:30pm, all tenants are welcome to attend to find out more information and ask any questions. A poster for the event was sent out to all tenants with the preliminary notice.
A copy of the proposed new Tenancy Agreement, the 'What has changed' summary document and the response feedback form can be accessed below:
- Draft Tenancy Agreement Consultation - FAQs
-
Frequently Asked Questions
Your tenancy agreement is a legal contract between you (the tenant) and the landlord (Cannock Chase Council). The tenancy agreement is an important document – please keep it safe.
We sometimes must amend and update the tenancy agreement, but we will consult with tenants about any changes we propose to make and what we are doing.
Why is the tenancy agreement changing?
Your tenancy agreement is a contract between you and us. It sets out the rights and responsibilities that both you and the Council have. The Housing 1985 Act (and the Housing 1996 Act) and legislation from 2010 onwards introduced a number of significant changes to the rights of tenants that need to be included in the tenancy agreement. We can only do this by changing the tenancy agreement. These changes in legislation will be incorporated in a draft new agreement in late 2024.Which parts of the tenancy agreement are the Council planning to change?
We are planning to update the following parts of your tenancy agreement:
• Format and layout of the tenancy and providing more information for new tenants
• Information about different types of tenancies
• The Landlord obligation
• The obligations on Tenants
• Some of the rules around when certain people can succeed to (take over) a secure tenancy on the death of the tenant, if your tenancy started after April 2012.
What is Landlord obligation?
It is the duty and the things that the Council must do for their tenants e.g. repairs to your home.
What is Tenant obligation?
It is what a tenant must do following the contract agreement with the Council i.e. living in the property and paying rent on time and in advance.
Are there new obligations for both the Landlord and the Tenant?
Yes, for example, there is a new section on health, safety and access.Can I influence the new tenancy agreement?
Yes, you will need to tell us your opinion about the proposed changes and if you want us to make any additional changes.Will my comments be considered?
Yes, we will be consulting with all tenants and considering any suggested changes. We will inform you with a summary of the comments and what actions we have taken.Is there a legal requirement to change the Tenancy Agreement?
Yes, the Regulator of Social Housing expects all social landlords to have an up
to date tenancy agreement.Will changing my tenancy agreement affect any rights I have to exercise the ‘right to buy’ or to mutually exchange my home?
No. Your ‘right to buy’ and right to mutually exchange your home will not be affected at all by the proposed changes.
Will there be any cases where an introductory tenant will not be offered a secure tenancy under the new plans?
There may be a small number of cases where we may decide it is not appropriate to offer a secure periodic tenancy. This would include cases where:
• there has been a serious tenancy breach
• there are significant rent arrears and there is no agreement to clear the arrears in place
• there is a current possession order that has been awarded by the court; or
• we have, or are in the process of, applying to court to obtain a possession order.
When will you contact me to change my tenancy?We are first consulting with all tenants, so it will take us some time to listen to everyone’s views and then seek Cabinet approval. We will be contacting you next year, with a formal notice being sent to all secure tenants. We anticipate that this will happen in April 2025.
If I mutually exchange my property before the change is made, will the person I exchange with get a new tenancy agreement?If you mutually exchange your property, we will grant a secure tenancy to the person you are exchanging with after the deed of assignment has been signed.
Do I have to accept the planned changes to a new Tenancy Agreement?
No. If you decide not to accept any planned changes you can terminate your tenancy by serving a notice to the Council.
Can just one joint tenant comment?
Ideally, we would like to hear from both of you, but you could both make a joint response.
I am a joint tenant, but the other joint tenant no longer lives at the property. What should I do?We will need to speak to the other joint tenant to see what their intention is in relation to the tenancy. If you do not want to wait for this to happen, you can make an application to the courts to make an order to resolve your existing tenancy; you should seek legal advice about doing this.
Can a tenancy be changed if I have rent arrears?
Yes, but we will only grant you a new secure tenancy if you give your written consent to transfer any arrears to your new tenancy. If you consent, then we will grant a new secure tenancy, but you will need to continue to pay your rent and arrears payments in line with any repayment arrangements in place.
Should I seek legal advice before the tenancy changes?
The aim of this change is to provide tenants with greater security of tenure. However, if you have any concerns you might want to seek your own independent advice from Citizens Advice or a solicitor.
For tenants who are still in the introductory period your tenancy will not change until you become a secure tenant. This is because eventually you will become a secure tenant at the end of your introductory period.
- Existing Tenancy Agreements
-
Your tenancy agreement is a legal contract between you and the Council. It lists your rights and responsibilities and you must read it carefully. If there is anything you do not understand, please contact us direct on 01543 462621 or by email EMTeam@cannockchasedc.gov.uk
We have different types of tenancy agreements. The type of tenancy will be clearly shown on your tenancy agreement. We want you to enjoy living in your home, so please take the time to check out the information. We also manage to let Council owned garages, for more information please call into the Cannock Housing Office to see a member of staff or contact us direct.
Copies of the existing tenancy agreements can be viewed below: