What rights and responsibilities do I have?  [back]
 
Your copy of the Tenancy Agreement between yourself and Soho Housing Association was given to you when you took the tenancy of your home. The Agreement is a comprehensive legal document and you should read it carefully; it gives details of both the tenant’s and the Association’s rights and responsibilities.
 
We will be happy to explain it to you or give you more information about any particular matter.
 
All tenants prior to 15 January 1989 will have a secure tenancy. Most new tenants since 15 January 1989 will have an assured tenancy. Your tenancy agreement will tell you whether you are assured or secure.
 
The Association is bound by law to give you certain rights, which have been included in your tenancy. We are also bound by Tenants Charter, issued by the Housing Corporation. All new tenants should be given a copy of this Charter. Copies are available on request from our office.
 
When should I pay my rent? [back]
 
Pay your rent every week in advance. If you are having trouble paying your rent, contact your Housing Officer immediately. You may qualify for assistance, and your Housing Officer can advise you accordingly. We take non-payment of rent very seriously.
 
How long can I stay in my home? [back]
 
You can stay in your home for as long as you like provided you keep to the terms of your tenancy agreement. If you breach your tenancy agreement, we can take legal action to seek possession of your home.
 
Your rights Your responsibilities
 
You can stay in your home for as long as you like You must occupy your home as your only or principal home.You must keep to the terms of your tenancy agreement

 
What is a sole tenancy? [back]
 
If there is only one name on the tenancy agreement, then this person has sole tenancy of the property. The sole tenant is responsible for paying the full rent for that property and must abide by the terms of the tenancy agreement.
 
What is a joint tenancy? [back]
 
If there are two names on the tenancy agreement, then these people are called joint tenants. Each joint tenant has equal claim to the tenancy and is equally responsible for paying the full rent for that property. Both joint tenants must abide by the terms of their tenancy agreement. Both joint tenants have the rights and responsibilities set out in the tenancy agreement, even if one joint tenant leaves the property.
 
Can we create a joint tenancy? [back]
 
We encourage married or other couples to have their tenancy granted in the names of the two persons concerned.
 
Your rights Your responsibilities
 
We can change your tenancy to a joint tenancy if your partner has been living with you for more than one year. You must ask in writing for a joint tenancy. You must not breach your tenancy agreement. You must not be in rent arrears.
 
Can I change the joint tenancy into a sole tenancy? [back]
 
Your rights Your responsibilities
 
A joint tenancy can only be changed into a sole tenancy if one joint tenant dies, if both joint tenants agree, or if there is a court order You must ask in writing to make your joint tenancy into a sole tenancy. You must not breach your tenancy agreement. You must not be in rent arrears.
 
Who has rights of succession? [back]
 
If you are a secure or assured tenant, a joint tenant, a partner or another member of your family may have the right to take over the tenancy if you die.
 
Your rights Your responsibilities
 
If you die, the following people can succeed to your tenancy: A joint tenant. Your partner – as long as they were living in your home at the time for the last twelve months. A close member of your family – as long as they were living in your home at the time for the last twelve months. The person claiming succession must contact our office within one month of the tenant’s death. The person will have to prove he or she has the right to succeed.
 
Automatic succession to the tenancy can only occur once, but we will always consider giving a tenancy to someone after the tenant’s death if that is his or her only home.
 
Can I pass my tenancy on to someone else? [back]
 
Passing your tenancy on to another person is called Assignment of Tenancy.
 
Your rights Your responsibilities
 
You can assign your tenancy to another person if: The person you are assigning to has the right to succession of your tenancy. You exchange your home with someone else (please refer to the leaflet on “Lettings, Transfers and Exchanges”You have a court order (for example, as a result of a divorce) You must ask our permission. You must ask our permission. You must let us know.
 
Can I have a lodger? [back]
 
A lodger is usually someone who pays you rent, shares your home with you, and does not have exclusive use of part of the house or flat. You may provide some service like laundry or meals.
 
Your rights Your responsibilities
 
You do have a right to take in a lodger You must inform us that you are taking in a lodger. You must inform us in writing of the name, age and sex of the lodger. You must advise us what rent you will be charging and which room the lodger will be staying in. You must not make your home overcrowded. You must ensure that the lodger abides by the terms of your tenancy agreement.
 
If you take in a lodger, you will be responsible for ensuring all your rent is paid. If you claim housing benefit, you will need to inform them if you take in a lodger, as this could affect your claim. You will also need to come to an arrangement with the lodger about splitting your telephone and fuel bills. We will not be responsible for any dispute between you and your lodger.
 
Before you take in a lodger, it might be a good idea to get some independent legal advice.
 
Can I sub-let? [back]
 
The person to whom you may sub-let is called a sub-tenant. A sub-tenant pays rent to you but lives separately from the rest of your household. They have their own room and live independently from the tenant. They may have use of the kitchen and bathroom, but it is unlikely that they will be provided with meals.
 
Your rights Your responsibilities
 
You do not have a right to sub-let, but we may allow it. You must ask for the Association’s written consent. You must inform us in writing of the name, age and sex of the sub-tenant. You must advise us what rent you will be charging and which room the sub-tenant is staying in. You must not make your home overcrowded. You must ensure that the sub-tenant abides by the terms of your tenancy agreement
 
We will not usually refuse your request if it is reasonable, but will refuse if the property is shortly to have work done to it, which will affect the accommodation of the sub-tenant. If we do refuse consent, you will be given the reasons in writing. If you consider this unreasonable, you have the right to challenge the decision in court.
 
If you take in a sub-tenant, you will be responsible for ensuring all your rent is paid. If you claim housing benefit, you will need to inform them if you take in a sub-tenant, as this could affect your claim. You will also need to come to an arrangement with the sub-tenant about splitting your telephone and fuel bills. We will not be responsible for any dispute between you and your sub-tenant.
 
You can only ever sub-let part of your home; if you sub-let the whole of it, you will lose your tenancy.
 
Before you take in a sub-tenant, it might be a good idea to get some independent legal advice.
 
Can I leave my home for a short period of time? [back]
 
Your rights Your responsibilities
 
You can leave your home for a short period of time. You must tell us where you are going, when you will come back. You must continue to pay your full rent while you are away from your home
 
If another person stays in your home while you are away, you must ensure that they abide by the terms of your tenancy agreement.
 
Can I leave my home for a long period of time? [back]
 
If you want to leave your home for a longer time, we may ask you to end your tenancy with us.
 
Your rights Your responsibilities
 
You do not have a right to leave your home for a longer period of time (for example, more than a year) but we may offer you another tenancy on your return. You must tell us where you are going, and when you will come back. Your home must continue to be your principal home.

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