Tenancy agreement

This tenancy is usually given to people who are new council tenants. Introductory tenancies are usually for a 12-month probationary period where you need to demonstrate you are able to keep to the agreement. If you fail to keep to the terms of the agreement, for example by getting into rent arrears or causing a nuisance to your neighbours, then we are able to evict you more quickly than ‘secure tenants’. For introductory tenancies we are required to prove to the court that the problem has occurred and that it has been dealt with properly. The court can then give an order to end the tenancy.

We can extend the introductory tenancy period by a further six months if we feel you need this. At the end of your introductory tenancy (usually after 12 months) and as long as you have kept to the terms of the tenancy agreement, your tenancy will automatically convert to a secure tenancy which gives you more security in your home and more rights.

If you’ve been a tenant with us for more than a year you will normally hold a secure tenancy. This usually means that you can remain in your home for as long as you like provided that you don’t break the terms of your tenancy agreement. There are some circumstances, for example redevelopment, where the council can make you move to another property. If this is likely to happen to you we will give you plenty of notice.

We may offer you a flexible tenancy but we will discuss this type of tenancy and what it will mean with you.

You may have signed one of the types of tenancies described above as a joint tenant with someone else. If you are a joint tenant you are both responsible for keeping to the tenancy agreement.

Both tenants remain responsible for keeping to the terms of the tenancy agreement (including paying the rent) until the joint tenancy has ended. If you start with us as a sole tenant you may later request that we give you a joint tenancy with someone else. It is our decision whether to grant you a new joint tenancy and we will consider factors such as whether you have any rent arrears, how long the other person has lived with you, and whether the person owns property or holds a tenancy elsewhere.

If one of you no longer wants to be a joint tenant then you need to take proper independent advice from the Citizens Advice Bureau or a Solicitor.

If you hold a joint tenancy with your partner and your relationship breaks down, one tenant may move out of the property. If this happens the tenancy will remain in joint names until you take the necessary steps to resolve the situation. The tenancy agreement is a legal contract, and we cannot alter it without following certain steps. Whilst a joint tenancy is in place both people are responsible for paying the rent even though they may not both live at the property. In these cases, you need to seek independent advice and contact us.

If a tenant dies, it may be possible for someone who is living at the property to take over the tenancy. This is called succession.

If the deceased tenant was your partner and you had been living with them in the property at the time of their death, you will usually be able to stay on as the tenant yourself. If you are a close family member living in the property and the tenant dies without a surviving partner you may, in some circumstances, be able to stay in the property as the tenant or we may be able to offer you a property more appropriate to your needs. You should contact your Local Housing Office and if you want to your independent advisor, for advice in either of these circumstances or in any other situation where the tenant of the property has died or moved away leaving you in residence.

In some circumstances it may be possible for the tenant, within their lifetime, to transfer the tenancy to someone else living at the property, this is called assignment. If you are the tenant and you are thinking about transferring your tenancy you should seek independent advice as to what this could mean for you as well as speaking to us.

The right to pass on a tenancy to another person either through death or by choice can usually only occur once. If a tenancy has already been passed on previously it cannot happen again.

If you are planning to move out of your home there are some things you need to do.

If you are moving by a transfer arranged through us, you will not need to give the full four weeks’ notice. Please discuss this with your Local Housing Management Officer.

You must leave your home clean, tidy, in good repair and decorative order. Remove all rubbish and all possessions. If you have been putting off reporting any repairs, please report these repairs and get them done before you go. This will mean we can re-let your home more quickly to a family who need it. If we need to carry out repairs to the property after you have moved out (caused by damage or misuse of the property) we will charge you for the cost of these repairs.

For more information take a look at our Moving Out Standard leaflet.

We will arrange for someone to inspect your home in the four week notice period, we will carry out minor repairs in your home during this time.

If you want to move to another property, there are a number of different ways in which you can do this. For more information on moving, please visit the housing section of the website or call the Allocations advice line on the number on 023 8083 3006.

If you want to move you could think about moving by mutual exchange. This means you will need to find another local authority or housing association tenant to swap properties with. You can go online to Homeswapper to find tenants who live locally and nationally that want to move. It is free for you to register on this site.

Once you have found someone who would like to swap properties with you then you need to complete an application to exchange properties and hand this into your Local Housing Office who will assess whether or not your application can be approved. You cannot swap homes without getting our agreement.
You will not be able to move if you have any rent arrears or if your home is in a poor condition. If you are considering applying for an exchange please make sure you clear any arrears first and that your home is in good condition.

If you exchange your home with someone else please be aware that in exchanging you are agreeing to accept the property in its current condition, including all its fixtures and fittings. You will become responsible for any alterations or work carried out by the tenant you have exchanged with.

If you are overcrowded sometimes it can be quicker to move by finding someone to exchange with who wants to downsize.

If you are in housing need as a Southampton City Council tenant you can apply to move via Homebid, the council’s choice-based lettings scheme by completing an application form online.

Your application will be assessed, not everyone will qualify but if you do you will be awarded points based on your circumstances.

All available properties (including council and housing association homes) are advertised on Homebid which is published weekly and available on our website.

Once your application has been assessed you will be given information about how to ‘bid’ for properties you may have seen in Homebid. When bidding closes the council will generally offer the property to the person who has the highest number of points.

Unfortunately the council does not have enough properties available to rehouse everyone who needs a home and it may take some considerable time before you are successful in bidding for a property. For more information on waiting times and points please take a look at Homebid.