Tenancies

Your tenancy

Your tenancy agreement is a legal contract between you and Hackney Council and tells you all the rules about living in your property. Your tenancy conditions set out your rights and responsibilities as a tenant of Hackney Council and our duties as your landlord. These tenancy conditions form part of your tenancy agreement.

Your tenancy agreement and tenancy conditions set out the legal obligations, rights and responsibilities for you and those who live in or visit your home. It also lists the services you are entitled to in return for the rent you pay.

You can download a copy of your tenancy conditions from Hackney Councils website or pick up a hard copy from the TMO office

You can download a copy of your tenancy conditions in the following languages

English
Turkish
Bengali
Kurdish
French
Cantonese
Polish
Somali
Vietnamese
Urdu

If you break these tenancy conditions or the tenancy agreement we may have to take you to court. If the court grants us a possession order, you and your family will have to leave your home. We do not want this to happen and will give you support and advice to prevent it, unless you gave us false or misleading information to get or keep your tenancy.

Introductory tenancy

All new tenants of Hackney Council will be introductory tenants unless you were already a secure or assured tenant of a local authority or registered social landlord at a previous property.

An introductory tenancy will last for a trial period of 12 months. If you break any of these tenancy conditions during your introductory tenancy, or if you made a false or misleading statement to get the tenancy, we may take action to end your tenancy.

If you do not break any of the tenancy conditions during the introductory tenancy, you will automatically become a secure tenant after the 12 month trial period.

Introductory tenants have fewer rights than secure tenants. You cannot do the following:

  • apply to buy your home
  • vote for a change of landlord
  • sublet part of the property or take in a lodger
  • apply to exchange your tenancy.

Secure tenancy

If you have had your tenancy for at least 12 months you will normally be a secure tenant. Secure tenants have more rights than introductory tenants. By law, as a secure tenant you have the right to live in your property indefinitely, as long as you keep to these tenancy conditions and your tenancy agreement.

We will not interfere with your right to live in the property unless:

  • we have to take action against you for a reason set out in the Housing Act 1985 or any law that replaces it, or
  • you break any of these tenancy conditions.

Joint tenancy

A joint tenancy is when two or more adults (aged 18 or over) are named on the tenancy agreement.
Joint tenants have equal rights and responsibilities under the tenancy agreement for the whole of the tenancy. They are both responsible, together and individually, for keeping to these tenancy conditions and paying amounts due to us.

Demoted tenancy

If we need to take you to court because of anti-social behaviour, the court may decide to change your secure tenancy to a demoted tenancy. This will affect your rights, for example, the right to buy your home, exchange your home or pass your tenancy on to someone else.

Making changes to your tenancy

There are a number of changes that can be made to your tenancy:

  • Tenancy condition changes
  • Change of name on your tenancy
  • Apply for a joint tenancy
  • Transfer your tenancy to a family member
  • Pass on your tenancy when you die
  • Ending your tenancy

To request any changes to your tenancy, contact your TMO office

Tenancy condition changes

If there is a change to your tenancy conditions, we will consult with secure and introductory tenants to tell you what changes we are seeking. We will ask you your views and then decide whether to go ahead with the change. If any changes are made, we will give you notice of the date the change will come into force.

Change of name on your tenancy

You may need to change your name on your tenancy, for example, if you have changed your name by deed poll or because you have recently married and taken your partners name.

You will need to complete a change of name application form and provide relevant documentation such as a deed poll certificate or marriage or civil partnership certificate. To change your name on your tenancy, contact the TMO office

Apply for a joint tenancy

A joint tenancy is when two or more adults (aged 18 or over) are named on the tenancy agreement.
Joint tenants have equal rights and responsibilities under the tenancy agreement for the whole of the tenancy. They are both responsible, together and individually, for keeping to these tenancy conditions and paying amounts due to us. Applying for a joint tenancy is at our discretion.

You may want to share the responsibilities of your tenancy with your spouse, civil partner or co-habiting partner (co-habiting partners must have lived together at the property for a minimum of 12 months). To apply for a joint tenancy contact the TMO office

Transfer your tenancy to a family member

In some circumstances, it is possible to transfer your tenancy to a spouse, partner or family member, this is known as assignment. You can only transfer your tenancy to a family member with our approval. A tenancy can be assigned by:

  • Giving away your tenancy to someone who would be entitled to succeed the property on

    your death.

  • Swapping your tenancy with another council or housing association tenant, this is known as mutual exchange.
  • A court order as part of a divorce or family proceedings.

To apply for assignment, contact the TMO office

A partner or adult family member may be able to take over your tenancy if you die, this is known as succession. Your tenancy will automatically transfer to any remaining joint tenant. If there is no remaining joint tenant, the tenancy can pass to someone who has a legal right under the Housing Act 1985 (as amended) to take it over, as long as the tenancy did not pass to you by succession.

If nobody is entitled to succeed to your tenancy, we will serve a notice to end the tenancy. If you live at the property but do not succeed to the tenancy, you will have to move out and find your own accommodation. In certain circumstances Hackney Council may consider a discretionary tenancy under Hackney Council’s Lettings Policy.

To apply for succession, contact the TMO office

Ending your tenancy

Your tenancy can be ended if:

  • you give us at least four weeks’ notice in writing
  • you are evicted by us
  • we need to move you, for example, to redevelop the property.

If only one of you wants to end the tenancy and the other joint tenant(s) wants to remain in the property, we may agree to:

  • give the remaining person a new tenancy at the same property, but this will be dependent on a number of factors.
  • if we do not agree to give the tenancy to the person remaining, we may seek possession of the property.
  • not give them a new tenancy, for example, the property could be offered to another couple or family.

To find out more about ending your tenancy, contact the TMO office

Contact the TMO office

cranstontmo@hotmail.co.uk
0207 684 6873

13 Daniell House, Cranston Estate, London, N1 5 EH

Moving to another home

Do you want to move to a different home? The shortage of council homes makes it difficult to meet the needs of the thousands of people on our housing list. It also makes it difficult if you have a council home and want to move. We have a number of schemes which may help you move to another home:

  • Transfer to another home in Hackney
  • Swap home with another tenant anywhere in the United Kingdom
  • Move into sheltered housing
  • Transfer to a smaller home
  • Move to a home out of London
  • Move to a home in the country or by the coast

Transfer to another home in Hackney

You can request to transfer to another council home through the Hackney Choice scheme.

Apply for a transfer

Complete an application form and return it to us to join Hackney Council’s housing list. Contact the
TMO office if you need help to complete the application form.

If your rent payments are not up-to-date or you have not kept to any payment agreements, you may not be eligible for a transfer.

Bidding for a home

When your application has been assessed, we will write to you to let you know your letting band.
Our bands work in date order and new applicants usually join the band at the bottom. You can bid
for a home through the Hackney Choice scheme.

To make the transfer process faster, you will be offered the opportunity of accepting a home that is one bedroom less than we consider is needed.

Hackney Council’s housing list includes people who have applied to become a council tenant and existing council tenants. Due to the very low number of homes that become available for re-let, not everyone on the list is offered a transfer.

Contact the TMO office

cranstontmo@hotmail.co.uk
020 8356 3330

13 Daniell House, Cranston Estate, London N1 5EH