Your tenancy

Your tenancy agreement is a legal contract which gives you the right to live in one of our properties on certain conditions.

It also sets out what we must do as your landlord.

On this page, we explain the most important of your rights and responsibilities, and also give you information about more housing options, what to do if you need to move and how you may be able to buy a home of your own.

Tenancy

Your responsibilities as a tenant

It is important that you understand your duties as a tenant as well as your rights: if you do not keep to the conditions of your tenancy, we can take action which may result in you losing your home. If you have a joint tenancy, this applies to both you and your partner. For example, each joint tenant is responsible for paying the rent and for any missed payments (rent arrears). If one joint tenant serves a notice to quit, then the tenancy will end for both tenants.

If you are having problems with any aspect of your tenancy, please contact us as soon as possible. We can offer advice and support and, with your agreement, we may be able to put you in touch with other agencies which can help.

If you are an assured tenant, you have security of tenure. In other words, if you meet all your responsibilities as one of our tenants, we cannot end your tenancy. However, your tenancy must be your only or principal home and you must move into it as soon as your tenancy starts. If you no longer live in it as your main home, you will lose your security of tenure and we will take action to re-possess it.

If you are an assured shorthold tenant, the conditions of your tenancy are slightly different and are subject to reviews at different points of your tenancy. Please see your tenancy agreement, or speak to your Neighbourhood Manager if you have any queries.
Please bear in mind that you cannot run a business from your home unless we give you permission in writing, although we will not usually refuse your request unless there are good reasons, e.g. that it would cause a nuisance or annoy other people. You must also not use your home for any illegal or immoral purpose.

If we require access to your home – this is sometimes necessary if we need to carry out a repair either to your property or one close by – we will normally give you at least 24 hours notice and do our best to get your permission first. In emergencies, we do have the legal right to enter your property without notice.

Type of tenancy

As a tenant of Old Oak Housing, you will have either an “assured tenancy” or an “assured shorthold tenancy” as defined by the law, depending on when your tenancy when us began.

From time to time there may be changes to the law which affect the way in which your tenancy agreement works. When this happens, we will let you know how you are affected. As well as observing the legal requirements of the tenancy agreement, Old Oak Housing aims to manage its homes in line with best practice. Your tenancy contains the full details of the legal obligations between us.

If you have any questions about your tenancy, please get in touch with us.

Going away for a long period

If you are going to be away from home for more than 28 days you must tell us in writing. You need to tell us where we can contact you and what arrangements you have made to pay the rent and meet the other terms of your tenancy in your absence.

Please remember you are not permitted to sublet your home.

Access to tenancy records

You have rights under the Data Protection Act to check any details we hold about you on our computer system or manual files.

You can ask us to take out or correct any information that you think is incorrect. If we do not agree with you, you have the right to appeal. If you do want to see any records please contact Old Oak Housing.

A fee may be payable for the provision of any documents requested.

Gardens, balconies & security grilles

Some of our ground floor flats and houses have gardens. If your tenancy includes your own private garden, you must keep it clean and tidy and free of rubbish. You must seek our written permission before putting a shed or other substantial structure in your garden. Similarly if you have a private or shared balcony, it must be kept clean and tidy and free of rubbish and obstructions including privately installed balcony gates.

If you are struggling to maintain your garden, please contact us and we may be able to arrange assistance. You are not permitted to install front door metal security grilles in order to comply with current fire safety best practice.

Domestic violence

If you are a victim of domestic violence, 24 hour support is available through the Women’s Trust and Advocacy Service on 020 7034 0303/0304 or the National Domestic Violence Helpline on 0808 2000 247. In addition, Advance provide a service in local boroughs, including Hammersmith & Fulham. Their phone number is 020 8237 5590.

Please also contact us as soon as possible, as we can also offer support and help.

Harassment

Old Oak Housing has a zero tolerance of harassment.

It is a fundamental condition of your tenancy that you do not harass or intimidate anyone, including your neighbours, staff and contractors.

Such behaviour will put your tenancy with us at risk.

You can also find more information about harassment and domestic violence in our anti-social behaviour section.

FAQs

Can I pass on my tenancy to another person?
In some circumstances, you have the right to pass on your tenancy to someone else. This is called succession.

  • If you have a joint tenancy with your partner and one of you dies, then the surviving tenant will automatically succeed to the tenancy and become the sole tenant.
  • If the tenancy is in your name only when you die and you had been living in a relationship, then the tenancy will transfer to your partner as long as he/she is living in the property as their main home at the time of your death. This applies both to married and unmarried couples and to same sex relationships.
  • If you were not in a relationship but a member of your family has been living in the property with you for at least twelve months beforehand and this was their only or main home, then they may be able to take over the tenancy. As a condition of agreeing to this, we may ask your successor to move into a more suitable property, for example if he/she is living alone and the property is larger than needed. This way we can make the best use of our homes.
  • If you have taken over the tenancy in one of these ways, then you will not have the right to pass it on to someone else. Succession can normally happen only once. However, in certain circumstances we may still be able to let a member of the family have a new tenancy of the property or we may offer alternative accommodation. It is important that we are informed as soon as possible after a tenant dies, so that we can clarify the situation for any remaining occupiers and issue a new tenancy agreement where this is possible.

You may also be able to assign your tenancy to another person, usually as part of a mutual exchange, but also to a person who would be qualified to succeed the tenancy if you died. If you have a son or daughter living with you, for instance, and they have lived in the property for at least a year as their principal home, you may decide to assign the tenancy to them. Please take legal advice and talk to us before making a final decision on this.

What if I want to change the name on my tenancy agreement?
If you want to put your tenancy into joint names or change the name on your tenancy (for example following marriage), you will also need to contact us. There should be no problem about creating a new tenancy for a married couple, but we may need to see proof that any other new joint tenant has lived at the property for at least a year first. If you are in arrears with your rent, we will not agree to any changes until your payments are up-to date. If your relationship breaks down and you no longer wish to live with your partner, your tenancy can be put into a single name with the agreement of both of you or by the order of a court. We regret that we are unable to rehouse the partner who leaves the tenancy.

Am I allowed to have a lodger?
If you wish to take in a lodger or sublet part of your home, you are entitled to do this, but you must get our written agreement to the arrangement. We will need details of your lodger or subtenant and will need to be happy that the property will not become overcrowded as a result.

Are there parking controls on the estates?
As all the roads on Old Oak estate are managed by the London Borough of Hammersmith & Fulham, they are responsible for street parking, not Old Oak Housing. A parking control system is in place at Heathstan Road, which we manage on Family Mosaic’s behalf. We consulted all residents at Heathstan Road about this system before it went live, and wrote to everyone again with details of the system in place. However, if you have any queries regarding the system in place, please contact your Neighbourhood Manager. Please note that SORN (Statutory off road notification) does not apply on private land and we will remove any abandoned or untaxed vehicles. You must also only park in designated parking areas and must not block access to the bike sheds and adjacent turning areas. You need our permission if you wish to park a commercial vehicle or large vehicle such as a caravan.

Can I get extra help or support with my tenancy?
We recognise that some residents require more support for a variety of reasons such as physical or mental illness or because they are elderly and struggling to cope in their home. Our staff can help you get the support you need to live as independently as possible. They can refer you onto other agencies as required, or advise and assist you to apply for a move to more appropriate forms of housing, such as sheltered or supported housing. Do not hesitate to contact us if you need assistance or simply wish to discuss your circumstances and options.

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Improving homes and the environment, creating healthy communities where all residents can thrive

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Improving homes and the environment, creating healthy communities where all residents can thrive