You are here:
Breach of Tenancy Regulations
What is a breach of tenancy?
Tenancy regulations are the rules our tenants agree to follow when they live in one of our homes. They are in the 'Tenancy agreement' that you sign and agree to when you become a tenant. For example, all tenants agree to pay their rent and service charges on time and regularly.
If a tenant breaks one or more of the regulations we can take action against them. This can be as straight forward as asking the tenant to stop acting in a certain way or, in more serious cases, we can ask the court for an order to evict the tenant.
This process applies to all current council tenants.
Tenancy regulations are set out in your Tenancy Agreement.
If a tenant breaks the conditions of their tenancy our aim is to help the tenant take action to stop the problem. Eviction is our last resort.
What happens when you find out a tenant has broken their conditions of tenancy?
1. At first, once are aware of a breach of the tenancy conditions we contact the tenant to discuss the issues with them and advise them that they have to follow the terms of their tenancy.
2. We agree with the tenant a suitable time to stop breaking the terms of their tenancy and put right anything. This is usually 10 working days but can be sooner or longer depending upon the case.
3. We then keep checking that the tenants are making an effort to put things right. At the end of the time we agreed, we will contact the tenant again.
4. If we are happy that the tenant has put things right or stopped acting in a certain way, we take no further action and we thank the tenant for their help.
5. If they have not put things right or are continuing to break the conditions of their tenancy we contact them again and discuss the problems. Again our aim is to help the tenant put things right and avoid legal action. But, if we have to we will advise the tenant that after a certain date if they have not put things right or stopped breaking the terms of their tenancy, then we will start legal action. We always take into account the nature of the problem, who else is being affected and of course the ability of the tenant to take action. If the tenant is vulnerable we will try to arrange some support for them from either their family or if needed, Social Services.
For futher information visit the Evictions due to Rent Arrears and Anti-Social Behaviour Team sections.
What happens if you decide to evict me?
Eviction is always used as a last resort once other steps have been taken to resolve the breach and have failed. If we then decide to evict you we have to follow certain legal procedures.
What happens if I have to go to Court?
If we ask the court to make a decision about the future of a tenancy, the tenant is responsible for the court costs and our legal fees.
We will send a bill to a tenant if we charge them for the cost of:
- putting right poor improvements;
- clearing and cutting untidy gardens; or
- putting right any damage.
If we take a case to court, we add the legal and court fees to the tenants rent account.
What if you have an Introductory Tenancy?
If you are an introductory tenant you have much less security in your tenancy although we will always try and resolve any breaches of tenancy initially. If you do not stop breaking the terms of your tenancy after we have asked you to, we will give you a Notice of Possession Proceedings.
This notice will tell you exactly why we are taking action and will give you usually between 4 to 8 weeks notice (which tenants have a right of appeal) that we intend to ask the court for a possession order. As long as we have reasonable grounds, and have followed our procedures the court has to give us permission to evict you.
You will be responsible for paying any court costs.
What if you have a Secure Tenancy?
If you are a secure tenant the process is different.
If you do not stop breaking the terms of your tenancy after we have asked you to, we will give you a Notice of Possession Proceedings. This notice will tell you exactly why we are taking action and will give you 28 days notice that we intend to ask the court for a possession order. At the end of the 28 days, if you are still breaking the terms of your tenancy, we will ask the court to arrange a date to hear your case. If we are taking action against you for serious anti-social behaviour, we do not have to wait 28 days. In this type of case we can ask the court to make a decision straight away.
A notice of seeking possession lasts for 12 months, even if we decide not to ask the court to hear your case. We cannot act upon a notice if:
- we served it more than 12 months since and we have not asked the court to hear the case before the end of the 12 months; or
- you comply with the terms of your tenancy. For example, if the notice was for rent arrears and you pay all your rent arrears off before we ask the court to hear your case.
But, if we served the notice less than 12 months since and you are still breaking the same terms of your tenancy, we do not have to give you another Notice of Possession Proceedings but we can just ask the court to hear your case.
You will be responsible for paying any court costs.
What should I do if I am suffering from neighbour nuisance or harassment on my estate?
Neighbour nuisance covers all sorts of things from playing loud music to threats of violence. The easiest way to sort out a neighbour problem is usually for you to sort it out yourself in a friendly way. You should try discussing the problem with the person who is causing the nuisance. If this doesn't work or you feel at risk to even ask, get advice from your Impact Officer or complete a complaint sheet.
If any crime is being committed you must also contact South Yorkshire Police on Tel: (0114) 2202020.
Will you treat any complaint confidentially?
Yes. We will not identify who made a complaint. But if we have to go to court we may have to ask you to give evidence.
Can I take in a lodger?
A lodger is a person who pays you to live in your home. They do not have exclusive use of all or any part of your home.
If you are a secure tenant, you have the right to take in lodgers as long as it does not cause your home to be overcrowded. You must tell us in writing if you have taken in a lodger or intend to. We will only refuse you permission if it causes overcrowding.
You are responsible for your lodger. If your lodger causes nuisance in the area or breaks the terms of your tenancy agreement, we will take action against you.
If you are an introductory tenant, you do not have an automatic right to take in lodgers. However, if you want to take in a lodger, you must ask for our permission. We will only refuse you permission for good reasons e.g. overcrowding. As with a secure tenancy you are responsible for the actions of your lodger.
Will a lodger affect my benefits or Council Tax?
Yes, it can affect them.
Remember, if you are either a secure or an introductory tenant you must tell us about any lodgers on the council tax register or on any housing benefit application.
If you want to take in a lodger you must write to us and tell us:
- the name of the lodger;
- their date of birth and sex;
- previous address; and
- what part of your home they will be living in.
Send your local impact team an email request:
Can I sub-let my home?
A sub-tenant is a person who pays you to live in part of your property and who has the exclusive use of that part of the property.
If you are a secure tenant you have the right to sub-let part of your home but only after getting our permission.
If you are an introductory tenant you do not have a right to sub-let your home. But, we may give you permission in certain cases.
You must tell us in writing if you intend to sub let your home whether you are an introductory or secure tenant. We will only refuse you permission for good reasons.
For both introductory and secure you cannot sub-let all of your property.
For both introductory and secure tenants we will only give you permission to sub-let part of your home providing that you follow the following conditions.
- You do not give the sub-tenant any form of tenancy.
- You are responsible for the behaviour of the sub-tenant. If they cause nuisance or breach your tenancy conditions, we will take action against you.
- The sub-tenant must leave your home before you end your tenancy.
- You must declare your sub-tenant on the council tax register and on any housing benefit claim. Your benefits and any council tax discount will be affected.
- The property must not become overcrowded.
We can withdraw our permission at any time and if the sub-tenant does not leave, we will take legal action against you.
If you want to sub-let part of your home, you must write to us and tell us:
- the name of the intended sub-tenant;
- their date of birth and sex;
- previous address; and
- what part of your home they will be occupying.
Send your request to your Impact Officer. For details of how to contact your Impact Officer, please click on the link on the right hand side of the screen.
Can I keep a pet?
Both secure and introductory tenants can keep one dog and one cat. You do not need to ask our permission to keep small domestic animals such as rabbits, mice, guinea pigs, fish or budgies.
If you live in sheltered housing or flats, which have a shared entrance, you cannot, under any circumstances, keep a cat or a dog.
All tenants need our permission to keep any non-domestic animal. We can refuse permission if we believe:
- the animal is dangerous;
- the animal is a risk to others or to public health;
- it is cruel or unreasonable to keep the animal in your home or garden; or
- the animal is likely to cause nuisance.
If you have any pets you must keep them under control. Do not allow them to:
- make unreasonable noise;
- roam on the estate or in other gardens; or
- foul on the estate, in communal areas or footpaths without clearing afterwards.
You must clean up after your pet if it fouls in your own garden.
You cannot breed animals in your home or garden.
It is your responsibility to make sure that your pet does not cause any nuisance or damage. If you do not keep your pet under control we can take action against you.
We can also withdraw our permission at any time.
Who do I report this to?
Visit Barnsley Connects for details of your local office.
How you can help us
By following the terms and conditions of your tenancy agreement.
If you are reporting a tenant who you feel has broken the terms of their tenancy agreement, please make sure that you tell us:
- your name, address and phone number;
- their name and address;
- brief details of what is happening; and
- how this affects you.
Useful leaflets
- Your tenancy
- Introductory tenancies
- We have given you a Notice of Possession Proceedings - what happens next? (for Introductory tenants)
- We have given you a Notice of Seeking Possession - what happens next? (for Secure tenants)
Legislation
Housing Act 1980 and 1985.
Response Times / Next Steps
If you tell us that a tenant is breaking the terms of their tenancy we aim to visit them within 5 working days. If it is a really serious issue, we will visit them sooner.
If you have broken your tenancy conditions we will agree with you a reasonable time to put things right. This is usually 10 working days, but may be sooner or longer.
Related Links:
- Neighbour Disputes
- Abandoned Property
- Community safety, crime and vandalism
- Squatters and Unathorised Occupants
- Existing Council Tenancy Advice
- Parking Issues
- Nuisance and Threatening Behaviour