Tenancy types

Once you've moved in, we'll visit you after six weeks and again after six months to check that everything is alright, that you are not having any problems in managing your tenancy or your home, and to check that you've settled in to your new home.

We'll review your starter tenancy at nine months. This may include a home visit as we need to check that you're still eligible for social housing, whether your circumstances have changed, that you have managed your tenancy and home satisfactorily, and to check that you have handled any problems you might have had in managing your tenancy, for instance rent arrears.

You're expected to cooperate with all staff and representatives of Red Kite, including our contractors and agents.

If you're having difficulty in managing your tenancy, for instance in paying your rent, you should contact us immediately and we'll discuss how we can help you to resolve the situation. Sometimes this may involve making referrals to other organisations that are in a better position to help you.

If the problem is serious, like criminal activity, deliberately damaging your home, or not paying your rent, and if you do not cooperate with us to find a solution, we may take steps to end your tenancy and you may lose your home.

The full details of your rights will be in your tenancy agreement. If there is anything you don't understand, please ask us.

Starter tenants have broadly the same rights as fixed term tenants but do not have the right:

• to exchange the tenancy (swap your home with another tenant)
• to assign your tenancy, except by court order
• to make improvements to your home
• to acquire.

If you're granted a fixed term assured tenancy after your starter tenancy ends, you will then have these rights. You'll still need to get our written permission before you exchange, assign or make improvements.

• See full details of fixed term tenancies.

Once the review of your tenancy is completed, based on how you've managed your tenancy and whether your circumstances have changed a recommendation will be made to grant you a fixed term tenancy, either for five years (as long as we've not started possession proceedings to end your tenancy) or for two years in exceptional circumstances - for example, where there has been antisocial behaviour, under-occupying or overcrowding.

Sometimes we may decide to extend your starter tenancy for a further six months and we'll write to you to inform you of this decision and the reasons why, before the end of the first 12 months.

Where your circumstances have changed, and you are now either:

• Under-occupying, or
• Over-crowding, and/or
• No longer require special facilities in that home i.e. adaptations, and/or
• Need re-housing to a more suitable home/area, and/or
• Can afford open market housing

or, if we need to balance the resident mix on an estate/development, or dispose of or refurbish the home, then for these reasons, a recommendation can be made at the nine-month review to agree a two-year fixed term tenancy in one of the following:

• The same home
• A smaller home
• A larger home
• A home with no adaptations, or with different facilities
• A home in another area.

We may either extend your 12-month starter tenancy for a further 6 months, or begin proceedings to end the starter tenancy, for reasons including:

• Behaving in an antisocial manner - for example, causing excessive noise nuisance
• Drug dealing or illegal use of drugs
• Actual or threatened violence or abuse toward any person
• Domestic abuse
• Harassment
• Damaging property
• Dumping rubbish
• Unkempt gardens
• Carrying out car repairs which cause a nuisance
• Causing parking problems
• Allowing pets to cause nuisance
• Not paying your rent
• Gaining the tenancy fraudulently
• Subletting your home
• Failing to engage with us during your tenancy and at the time of your review.

This is not an exhaustive list. Starter tenants have less security than assured tenants and it's likely that the court will agree to end the tenancy in such circumstances.

If we decide to take court action against you to regain possession of the home, you can lodge an appeal, within 10 days of being served with the notice requiring possession, using the form provided and the information which will accompany the notice.

We will meet with you to discuss the reasons for the extension and what you need to do to ensure you satisfactorily complete the extended period and have the possibility of being offered a fixed term tenancy. If there are any other agencies/organisations involved in helping you then, with your agreement, we may invite them to attend this meeting.

We'll review your tenancy again before the 15-month anniversary. We'll assess how you have managed your home and tenancy since the extension of the probationary period. If your management of your tenancy has been satisfactory, then you may be granted a fixed term tenancy of either two years or five years.

If your management of your tenancy has been unsatisfactory, then we'll serve a notice requiring possession and start proceedings to end the tenancy.

If you disagree with the decision to end your starter tenancy, you can lodge an appeal within 10 days of being informed of the decision by following the process and information provided in the decision letter.

The appeal process

The appeal will consider:

• whether the notice has been served correctly
• whether the action (to serve the notice and end the tenancy) is appropriate
• whether the decision to terminate the tenancy has been taken fairly.

We will write to you to tell you the outcome of your appeal, and you will have no further right of appeal.

There are various services to help new and existing tenants to successfully manage their tenancy and home, including advice about money and benefits. For more information about the services we provide, contact our Relationships Team to talk about what you need - you can find all of the ways you can contact us on our contact page. You can also seek independent advice from your local Citizens Advice, law centre or solicitor.

We offer fixed term tenancies to all new tenants and Red Kite transferring tenants with tenancies granted on or after 1st April 2012.

In most circumstances, we'll offer these to all new tenants to Red Kite for a period of five years (or two years in exceptional circumstances), usually following the satisfactory completion of a one-year starter tenancy either with us or another social landlord.

The exceptions will be Red Kite Assured Periodic (lifetime) tenants who were our tenants on 15th January 2012, and have remained social housing tenants since that date, who will be granted a tenancy with us for no less security when they choose to move to another social rented home with us (unless the home is let on Affordable Rent terms).

In exceptional circumstances, a starter tenant or renewing fixed-term tenant will be offered a two-year fixed term tenancy. Exceptional circumstances include (but are not limited to):

• If a starter tenancy has been extended due to antisocial behaviour
• In a specific location/geographical area where shorter tenancies could help to tackle antisocial behaviour
• Where a Notice of Seeking Possession has been issued due to rent arrears and the court has accepted a payment agreement which you have kept to, but there are still arrears
• Where a Notice of Seeking Possession has been issued for a breach of tenancy in relation to antisocial behaviour, or other tenancy breach
• Where there is a need for support, for example if you have specific needs, that is likely to cause difficulties in sustaining a tenancy
• Where the home may require extensive works, or be needed for future development purposes
• Where a home already has significant adaptations and you or your household may not require these in the long term
• If your household is overcrowded or is under-occupying at the time of the review, but no suitable alternative home has been secured
• If the home has been identified as particularly suitable for purchase as part of portable discounts under the Voluntary Right to Buy (for example, within a block that already has a large proportion of leaseholders)
• If the property has been identified as having a high value, and therefore has the potential to be particularly suitable for sale in the private market
• If the property is identified as particularly suitable for disposal.

You'll be expected to meet the obligations set out in your tenancy, which include (but are not limited to):

• paying your rent and other charges
• occupying your home as your only and principal home
• reporting repairs which are our responsibility and carrying out repairs which are your responsibility
• letting us know when your circumstances change, for instance your family size or your income
• giving us, our agents and contractors access when required, including in emergencies
  engaging with us in managing your tenancy
• requesting help when you need it and letting us know if you are experiencing any problems
  ensuring you, your household and visitors do not cause a nuisance or annoyance to others in the neighbourhood.

If you're having difficulty in managing your tenancy - for instance, with paying your rent - you should contact us immediately and we will discuss with you how we can help you to resolve the situation. Sometimes this may involve making referrals to other organisations that are in a better position to help you.

If the problem is serious, like criminal activity, deliberately damaging your home, or not paying your rent, and if you do not cooperate with us to find a solution, we may take steps to end your tenancy and you may lose your home.

Fixed-term tenants have similar rights and responsibilities to secure and assured tenants, except that you have reduced rights to:

• Succession - the right to take on a tenancy following the death of the tenant is restricted to the tenant's spouse, civil partner or partner
• End the tenancy - the landlord must agree that the tenancy is surrendered.

Your tenancy agreement explains what rights and responsibilities you have. You should read it carefully before you sign it.

A review of your circumstances will be started 12 months before the end of the fixed term and we will look at:

• Your management of your tenancy
• Under-occupation – whether changes in your circumstances mean that your home is now bigger than your household requires
• Whether the home you live in has special adaptations that you no longer need
• Whether you still have a continuing housing need which meets our allocations policy and the Bucks Home Choice allocations policy. A financial assessment will determine whether you could afford to find other accommodation.

You'll receive written confirmation of the outcome of the review at least six months before the tenancy is due to end. We'll also explain the reason for the decision, which is likely to be one of the following:

• You are granted another five-year fixed term tenancy, or
• We offer advice and support to help you move to another home which is more suited to your housing need, or
• We confirm that a new tenancy will not be granted and you need to find alternative accommodation within six months.

If you are required to leave your home, we'll provide advice about other housing options. We'll also ask you to speak to Buckinghamshire Council's Housing Options Team to discuss other options available to you.

Yes you can. You must lodge your appeal in writing within 10 days of being informed of our decision. The appeal will be heard by a review panel which will consist of staff who have had nothing to do with the decision that was made, and may include one of our volunteers. You can bring someone with you to the appeal to support you. More information is available on request.

The appeals process

The review panel will consider:

• Whether the notice has been served correctly
• Whether the action (to serve the notice and end the tenancy) is appropriate
• Whether the decision to end the tenancy has been taken fairly.

You'll be told about the outcome of your appeal in writing, and you will have no further right of appeal.

Yes we can. If you break any of the conditions in your tenancy we can apply for a possession order under the Housing Act 1988 (as amended). Reasons why we would take possession action include (but are not limited to):

• Serious antisocial behaviour, criminal activity or harassment
• Non-payment of rent or other charges
• Fraudulently obtaining the home
• Abandoning or subletting the home
• Causing or allowing damage to the home.

Prior to serving a notice letting you know of our intention to proceed with possession action, we will talk to you about how you've broken your tenancy conditions and work with you to try and resolve this.

There are various services to help new and existing tenants to successfully manage their tenancy and home, including advice about money and benefits. For more information about the services we provide, please call our Relationships Team on 01494 476100 to talk about what you need. You can also seek independent advice from your local Citizens Advice, law centre or solicitor.