When you first move into a Colchester Borough Homes property, you start off with an Introductory Tenancy. This lasts for 12 months. After this period, if there are no problems, you move to a Secure Tenancy.
You start off as an Introductory Tenant. Your tenancy can easily be ended if you break the tenancy conditions. These are "rules" about how you live in the property.
You will need to:
You have less rights than a Secure Tenant. This means you cannot:
After twelve months, providing you have not caused any issues - such as antisocial behaviour - you become a Secure Tenant.
You have many rights as a secure tenant. These include:
A joint tenancy is where you share responsibility for the property with another person. This usual happens with:
You should be aware of the following issues:
You can apply for a joint tenancy from the start or apply to change (or ‘convert’) an existing single (‘sole’) tenancy to a joint tenancy.
If you are married or in a registered civil partnership you can add your partner to your sole tenancy at any time.
If you are a cohabiting couple or family members, you must have lived together at the property for at least 12 months.
You need to apply to us for a joint tenancy.
We may refuse your application for a joint tenancy if you or the other person:
If you are a secure council tenant, you may be able to transfer your tenancy to your partner or other family member. Assignment is the legal transfer of a tenancy whilst the tenant is alive. A sole tenant or joint tenants can request an assignment.
If you live together, you may be able to transfer your tenancy to your:
If you have been living together continuously for the last 12 months or more, you can transfer your tenancy to:
The person you assign your tenancy to (the ‘assignee’) will take over all your rights as a tenant of the property. You can remain in the property if agreed with the assignee. There are three types of assignment:
People assign their tenancy to:
Assignment is legal process, and all parties need to agree to the assignment.
Please read this important information about an assignment:
The ‘rules’ about passing on a tenancy when someone dies are very similar to assigning a tenancy. For example, if you die your tenancy may be able to pass to:
Passing on the tenancy like this is called 'succession'.
A tenancy can only be passed on once. If you took over your tenancy through succession, no one would have the right to succession when you die.
If a joint tenant dies, the tenancy automatically continues for the surviving tenant. This is known as ‘survivorship’. No one will be able to succeed to the tenancy when the surviving spouse or civil partner dies. For example, you have no further right to pass on the tenancy to your children.
You can appeal to us if you think the decision we have made over a succession is wrong. You can contact us here if you would like to make an appeal.