RBKC Tenancies

Council tenancies

Your tenancy agreement is a legal contract between you and your landlord, the council, that sets out the terms and conditions of your tenancy.

It is very important that you read and understand your tenancy agreement. It outlines the responsibilities of the council and you, the tenant. When you sign your tenancy agreement, you are agreeing to all its terms and conditions. Although the council has stopped issuing fixed term tenancies, some may still exist because of tenancy issues or court orders. If you need any advice, please contact your neighbourhood services coordinator, or our Customer Service Centre, telephone 0800 137 111.

Tenants’ rights

All tenants have a right to: 

• receive information about the council and our housing services. We will provide this information in the normal course of delivering services to you 
• request a copy of any personal information held about themselves by the council. This is known as a freedom of information request.

Introductory tenancies

If you are a new tenant, you start off with an introductory tenancy. This means that your first year with the council is a trial period. You will need to show us that you understand your responsibilities to your neighbours and to your landlord.

We will expect you to: 

• pay your rent on time and not allow your rent account to fall into arrears 
• make sure that you, anyone living with you, or anyone who visits you, do not cause a nuisance to your neighbours or the local community 
• look after your home, including any outside spaces which are your responsibility, such as balconies and gardens, and generally meet all the conditions of your tenancy.

Rights and responsibilities of an introductory tenant

We will make regular checks, including looking at your rent account every week and visiting you at home from time to time. Please make sure you tell us if you are having problems, as we can offer practical help and advice.

While you are an introductory tenant you do not have the right to:

• move to another council or housing association home
• take in a lodger
• sub-let part of your home
• carry out alterations or improvements to your home, except painting and decorating
• buy your home

However, your family may have succession rights to your tenancy if you die. You will get full rights automatically as soon as you become a secure tenant.

Introductory tenants have an extra responsibility secure tenant do not have. You must ask us for permission if you want someone who was not listed as a member of your household when you signed your tenancy agreement to stay with you, either temporarily or permanently. This includes children, relatives, friends or other guests. We will not normally refuse unless there is a good reason. 

As an introductory tenant you can be evicted more quickly than a secure tenant. However, if you show us that you can act responsibly and meet the conditions of your tenancy agreement, you will automatically become a secure tenant after 12 months. 

We have discretion to extend your introductory tenancy for a further six months if we feel we need to monitor your behaviour more before your tenancy becomes secure. We will give you notice if we are intending to do this, along with our reasons.

Secure tenancies

You will automatically become a secure tenant after 12 months, provided you observe the conditions of your tenancy, and we have not started legal action against you.

As a secure tenant, you will have greater protection in law, but you still have responsibilities. We expect you to continue to look after your home, pay your rent on time and respect your neighbours. 

Responsibilities of a secure tenant

Your responsibilities are to: 

• live in the property as your main and only home. If you do not, you may lose your rights as a secure tenant 
• keep your home properly heated and ventilated 
• pay the rent and other charges on time 
• take care of the property and keep the inside properly decorated 
• complete any repairs that are your responsibility 
• ensure that everyone in your household and any visitors behave responsibly to others, including our staff 
• not overcrowd your property 

You should also let us know if:

• you are going away and leaving your home unoccupied for more than four weeks
• you intend to end your tenancy, at least four weeks before you leave
• your home needs repair

Rights of a secure tenant

The council’s main responsibilities to you are to: 

• consult you on any proposed changes to the tenancy 
• keep your home wind and watertight and in good repair 
• keep all pipes, drains, gutters and installations for heating, water, gas or electricity supply in working order
• provide you with information about our services if you request them
• advise you of new changes to your rent or other service charge payments at least four weeks before it is due to be paid
• come into your home to carry out inspections or repairs, or to service appliances. We must give you at least 24 hours’ warning, unless it is an emergency 

As a tenant, you also have certain rights under acts of Parliament and government regulations.

Joint tenancies

A joint tenancy exists when two or more adults are named in the tenancy agreement. Each tenant is jointly and individually responsible for paying the rent and keeping to the terms of the tenancy. This means, for example, each tenant is responsible for the full rent, and if one fails to pay then both are legally responsible. Joint tenants also have equal rights, so either tenant can give notice to terminate the whole tenancy.

Changing or passing on your tenancy

Sole tenancy to joint tenancy 

If you want someone living with you to become a joint tenant, you must write to us to request permission. To be eligible, partners must have lived with you for at least 12 months, unless you are married or in a civil partnership.

Joint tenancy to sole tenancy 

If you want to change a joint tenancy into a sole tenancy, for example in the case of a relationship breakdown, we recommend you seek legal advice.

Right to manage

A tenants’ or residents’ organisation has the right to set up a tenant management organisation, which may be able to take on responsibility for the day-to-day management of your homes. If you would like more information about this right, please contact us at [email protected].

Right to be consulted

You have the right to be consulted about major changes in how we manage your home. We will consider any comments received during consultation before we reach a decision.

Right to repair

All tenants have the right to have repairs for which the council is responsible carried out in reasonable time.

For certain repairs, called 'qualifying repairs', you are entitled to have them carried out within set time limits. Your entitlements are set out in The Secure Tenants of Local Housing Authorities (Right to Repair) Regulations 1994. 

If we do not complete a qualifying repair within the correct time, you have the right to ask us to get another approved contractor to do the work. If this contractor fails to do the work, you may seek compensation. 

Family members, lodgers

Any members of your close family may share your home. You can also take in lodgers. A lodger is someone who shares your home as a member of your household. However, you are not allowed to overcrowd your home, and you must get prior permission from the council. You must let us know within four weeks if someone moves in with you on a permanent basis. In addition, you cannot charge a lodger more than your weekly rent.

Remember that additional people in your home may affect your entitlement to housing benefit.

Relationship breakdown

If you are experiencing a relationship breakdown and are concerned about how this affects your housing situation, please contact your neighbourhood management team for further advice.

The council is committed to helping anyone in the property we manage who is experiencing actual or threatened domestic abuse. If you are experiencing domestic abuse, you can contact your neighbourhood team for confidential help and advice. We also have a dedicated domestic abuse support page. 

Ending your tenancy

If you decide to end your tenancy, 

• you need to give us 28 days’ notice by completing a termination of tenancy form
• you must return all keys to your neighbourhood team by the last day of the notice period
• please ensure that your rent is paid up in full
• if you are late returning the keys, you will continue to be charged rent until the Sunday following the date they are returned. If we need to change the locks, you will be charged for this
• you must carry out any repairs that are your responsibility before leaving. We will inspect your home and discuss this with you before you move out. We will charge you for any work we need to do that you should have done before you left
• you must also leave the property clear of all belongings. We will charge for any clearance or cleaning that we need to do after you have left. Please leave your home in the condition you would expect it to be in if you were moving in
• please also remember to make the necessary arrangements with utility companies, benefits agencies, the council (for Council Tax) and any other agencies to advise them that you are leaving. You may want to arrange for your post to be redirected to your new home until you have contacted everyone you need to about your change of address