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Information on introductory tenancies for new residents.
From the 1st April 2003 all residents who are offered a new tenancy with Southend-on-Sea Borough Council ("The Council" )will be offered an Introductory Tenancy.
Introductory Tenancies are different from Secure Tenancies the following information explains the operation of Introductory Tenancies.
What is an Introductory Tenancy
An Introductory Tenancy will last for 12 months and can be extended by a further 6 months, after which time it will become a Secure Tenancy, unless the Council obtains a Court Order for possession of the dwelling. Your tenancy agreement will be the same as that for Secure Tenants, but certain rights will not apply to you as an Introductory Tenant.
An Introductory Tenant has fewer legal rights than a Secure Tenant. The difference between the rights of a Secure Tenant and an Introductory Tenant are set out on in this leaflet.
Who will be offered an Introductory Tenancy?
Anyone who is not a Council or housing association tenant already and who becomes a Council tenant from 1st April 2003 will be offered an Introductory Tenancy.
The scheme does not apply to existing Council or housing association tenants seeking to transfer or exchange.
Remember, the Council expects that all tenants, both Introductory and Secure, will;
· read their Tenancy Agreement carefully and make sure they understand what they must do in order to comply with it.
· pay the rent on time
· make any Housing Benefit claim promptly and comply with the requirements of the Housing Benefit office.
· not cause nuisance to their neighbours or other people on their Estate.
What are the differences between an Introductory Tenancy and a Secure Tenancy
The table below sets out the main differences. Please note that many of the rights listed are not absolute rights but are subject to qualifying conditions.
LEGAL RIGHT
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SECURE TENANT
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INTRODUCTORY TENANT
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RIGHT TO SUCCESSION OF SPOUSE OR FAMILY MEMBER
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RIGHT TO REPAIR
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RIGHT TO BUY
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(but this period counts toward the discount)
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RIGHT TO TAKE IN LODGERS
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RIGHT TO SUB-LET
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RIGHT TO IMPROVE
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RIGHT TO EXCHANGE
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RIGHT TO VOTE PRIOR TO TRANSFER TO NEW LANDLORD
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RIGHT TO BE CONSULTED ON HOUSING MANAGEMENT ISSUES
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RIGHT TO BE CONSULTED ON DECISION TO DELEGATE HOUSING MANAGEMENT.
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RIGHT TO PARTICIPATE IN HOUSING MANAGEMENT CONTRACT MONITORING
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What happens if I breach my Introductory Tenancy agreement?
If you are in arrears with the rent, or breach the terms of the Tenancy in some other way, the Council may take action to bring the Tenancy to an end.
The procedure is that the Council will serve on you a 28 day Notice to terminate the Tenancy. During the 28 day period you may ask the Council to review its decision to re-possess the dwelling. Once the 28 day period has expired the Council will apply to the County Court for a Possession Order. If the Court makes a Possession Order and you do not leave the dwelling by the date stated in the Order the Council will arrange for the Court Bailiffs to evict you.
Review Procedure
You have the right to ask the Council to review its decision to end the Tenancy. The procedure for doing so is to complete the “Right to Review” form which is included with the 28 day Notice to terminate the Tenancy and return it to the Council.
It must be received at South Essex Homes, 49 Alexandra Street, Southend on Sea, SS1 1BW within 14 days of the service on you of the 28 day Notice.
Please contact us for a “Right to Review” form on 0800 833 160.
The Council’s Review Panel will consider your application at a hearing. You will be notified of the hearing date at least 5 days in advance and have the right to attend. At the hearing you may speak to the Panel yourself or a representative may speak on your behalf. The Panel’s decision will be notified to you either at the hearing or in writing.
What Happens if the Application to Review the Decision to End the Tenancy is Rejected?
Once the 28 day Notice has expired, the Council will apply to the County Court for a Possession Order to be made. If the Court makes a Possession Order and you do not leave the dwelling by the date stated in the Order the Council will arrange for the Court Bailiffs to evict you.
Need more information?
For more information about this service please contact us
- Write to: South Essex Homes, Cheviot House, 70 Baxter Avenue, Southend, SS2 6HZ
- Freephone: 0800 833 160
- Email: customerservices@seh.southend.gov.uk
- Minicom: 0800 833 162
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If you would like independent advice you should contact the Citizens Advice Bureau or a Solicitor.
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