Albyn housing tenancy agreement

We also hope it will give you some practical advice that will make your life as our tenant easier, safer and more enjoyable. We will review and update this handbook from time to time. So if you have any comments on the content or format, please let us know. If you are not sure about anything, contact your housing officer or another member of staff. They will be happy to explain things to you or arrange a meeting with someone who can.

Section 1 Welcome to Albyn Housing Society Limited

We are Albyn Housing Society Ltd. We are your landlord and own the home you live in. We are a non-profit-making housing association, and also a Scottish Charity. We were formed in 1973 to provide good-quality rented homes for people working in new industries in the East Ross area. Since then we have grown to cover most of the Highlands and part of Moray, and have become involved in many new areas of work.

Our head office is in Invergordon, and we have over 3,700 homes across the following parts of The Highland Council area.

We also have a small number of properties in The Moray Council area. Most of our homes are for rent, and are a mixture of houses, flats and bungalows in both towns and rural areas.
Our main activities are as follows.

Our services are provided by staff based at our offices in Invergordon (Head Office) and Inverness. We also share a small office with the Pultneytown People's Project in Caithness. Staff at that office provide local housing support to our tenants in Caithness and North Sutherland.

We are a registered social landlord, registered with the Scottish Government. This means we have set rules, and that we are inspected from time to time to make sure we are providing a good standard of housing and housing management. The inspection is carried out by the Scottish Housing Regulator who also checks how our business is run and makes sure that there are opportunities for you to become involved if you want to.

We are run by a board of volunteers. There are between seven and 12 Board members who have been voted onto the board. To put yourself forward to be voted onto the Board you have to be a member of Albyn Housing Society Ltd. You can become a member by paying a one-off charge of £1.

If you want to become a member of Albyn Housing Society Ltd, phone the Corporate Office on 01349 852978 or send an email to corporate@albynhousing.org.uk.

The Board meets 10 times a year to discuss and make decisions on how we are run. This includes planning, setting budgets and making policies.

The Board appoints our Chief Executive. Along with the Chief Executive, senior managers make up the Leadership Team, and this team is responsible for making sure that the Board’s decisions are carried out.

We have two main offices.

When you can contact us

Our office hours are 9am to 5pm Monday to Friday. (with the exception of bank holidays and occasional training days)
You can find upcoming closures on our Dates of Interest page.

Our repairs line is open 24 hours a day.

How to contact us

Reporting repairs

0300 323 0990 (select Option 1)

What we will do when you contact us

General queries

General queries can be about the following.

A Housing Services assistant will often be your first point of contact. If they cannot give you an immediate answer, they may refer you onto your Housing Services Officer, and then your housing team will work with you on the issues you need help with. They will discuss options and agree an appropriate course of action. They will give you help and advice that takes account of your needs. If necessary, they may refer you to another organisation that has the particular expertise to help you.

Reporting repairs

Ring the customer services line on 0300 323 0990 and select Option 1. All calls to this line are charged at the local rate. This is a 24 hour line (after office hours is for emergency repairs only).

A Housing Services Assistant will discuss the repair with you, and will then arrange for the work to be inspected or carried out by one of our approved contractors.

Section 4 has more information on our repairs service, what constitutes an emergency and who has responsibility for different repairs.

We believe that our customers are central to our business. Our customers are people who live in our homes or neighbourhoods or who have applied to live in them.

Our aims

Our main aims are to make sure that:

Our standards

We will meet our aims by achieving the following standards.

We will develop policies and procedures that meet the aims and standards set out above. We will develop an action plan and service promises to make sure we meet our aims and standards. We will make sure that all our staff and the board members know their obligations, take responsibility for meeting them, and have the training and resources they need to do so.

Our service promises to you

We aim to provide the best possible customer service at all times. To help us do this, we have set ourselves standards in eight main areas. These are our ‘service promises’. They let you know what you can expect from us. Below is a shortened version of our ‘service promises’, If you would like a detailed version, please contact the main office, or find it on our website

Equal opportunities

We will make sure that everybody has full access to our houses and services where possible.

Keeping in touch

We will set standards and time limits for handling your enquiries.

Rent and service charges

We will keep you informed and take action quickly.

Repairs and maintenance

We will set and check standards, act on your feedback, and offer advice.

Offering new tenancies and transfers

We will make it clear how we offer properties, make sure you know about other housing options, and rent out our empty homes as quickly as possible.

Supporting our communities

We will respond to complaints quickly, and work with community groups and other organisations.

Keeping you informed and involved

We will offer you more ways to be involved and make it easier for you to let us know what you think.

Complaints and appeals

We will make it easier for you to understand our complaints procedure and make sure you know how to make a complaint.

What we expect from you

We expect you to be polite, let us in to your home to carry out repairs, let us know about any problems you have, respond to our letters, respect your community, and know what your responsibilities and rights are as a tenant.

You can be involved with us as much or as little as you like. Our aim is to make sure that anyone from our communities who would like to have a say about what we do and how we do it can influence changes and improvements to the services we provide.

If we are changing anything to do with how your tenancy is managed or to do with how we maintain or improve the home you live in, we will ask for your views.

We will also send out a regular newsletter and information and keep our website up to date so that you can always find out what is going on.

We have developed a number of ways for you to be involved. These include the following.

For more details, phone our Community Involvement Team on 01349 855972 or 01349 855976 or email communities@albynhousing.org.uk

We are registered with the Information Commissioner’s Office. Under the Data Protection Act 1998, you are entitled to see any information that we hold about you. We can give you copies of the information. We may charge you up to £10 for this.

We will not pass any information you have given to us to anybody outside the society unless:

We will only use the information you give us for the purposes that we told you about when we collected it from you.
If you would like more details, please contact the main office, or find it here.

Section 2 Beginning your tenancy

When you receive your offer of a tenancy, there are various issues that you should consider before you sign your tenancy agreement. We have set out some of them below.

Can you afford the rent and any charges?

As well as the rent, there may be service charges for the property. You will have to pay council tax and fuel bills. You may also have transport costs if you have to travel to work or hospital or to visit someone regularly. We can help you work out what the total costs may be and tell you about any benefits you may be entitled to.

If you intend to have a joint tenancy, have you discussed what you will do if you decide to separate in the future?

The decision of whose name goes on the tenancy agreement can have implications for you in the future. Our Customer Services team can give you advice on what those implications are likely to be so you can make the best decision when you sign the tenancy agreement.

If you are moving to a new area, have you considered all of the changes this will mean to your lifestyle?

Whether you are moving into the next street, village, county or city, there will be some changes to your daily life. For many people, these changes will be small, such as having to put their bins out on a different day. And some people may benefit you (for example, being nearer a bus stop). However, some changes could cause problems, so you should consider carefully what any changes will mean for you. Some things to consider would be the following.

Where is the nearest hospital?

Where are the nearest shops?

What services and facilities are there in the area?

Are there any groups or clubs for you to join?

How big is the garden and can you manage it?

Does the house have a type of heating system that you can live with?

Are there any shared areas that you think will upset you if they were not kept exactly as you would like?

How long will it take to visit friends and relatives, and for them to visit you?

Do you feel you can live in a block of flats if you previously lived in quite an isolated property, or do you feel you could live in a very rural village if you are used to the city?

If you do not drive, is there a good public transport system?

You should consider where you need to go, how often you need to be there, how long it would take and how much it would cost. In many areas, especially more rural areas, there may be limited public transport. You should check timetables and work out if you can get to where you need to be at the times that suit you.

Are there schools, shops, entertainment, doctors, dentists and so on close by, if that is what you need?

Consider what services and entertainment you would need to have access to, and find out if this is available within travelling distance of your new home.

You have three days to decide whether you want to accept the offer. You can confirm your decision by emailing us or calling the appropriate telephone number which is listed at the bottom of the Offer Letter.

What happens next?

Your housing services officer will then go over with you what needs to be done next. This will include the following.

If you think you may be eligible for Housing Benefit, your housing services officer will work with you to work out what benefits you are entitled to and help you to fill in the necessary forms. They will also be able to tell you what to do if you are only entitled to some Housing Benefit and have to pay some of the rent yourself.

If you need extra support to help you live in your own home, your housing services officer will be able to tell you what support is available and deal with the relevant support agencies where necessary.

If you need help furnishing your home, your housing services officer may be able to help you to to apply for the Scottish Welfare Fund to assist with this.

On the day you are due to sign your tenancy agreement your housing services officer will meet you in your new home and go through the process with you. This will include the following.

Moving house is one of the most stressful things you will ever do. Here is a checklist to help make it less stressful.

Before you move in

Our staff are always available to help you at this time if you need it. Just contact your housing services officer and they will arrange for you to get the help you need.

As soon as you move in

  1. Front and back doors
  2. Shared entrances
  3. Bin stores
  4. Other stores
  5. Meter boxes (you get these keys from your gas or electricity supplier)
  6. Delivery boxes, such as those for mail or milk (you get these keys from the previous tenant)
  7. Windows

Contact us if you need help with any of these.

The best way to find out about your new neighbourhood is to speak to your neighbours. They can tell you a lot about the local area and you might make some new friends.

If mail for the previous tenant is delivered to your home, do not open it or send it on to us. Write ‘Gone away’ on the envelope and pop it in a postbox to return it to Royal Mail.

Please contact us if you want to discuss anything at all to do with your tenancy. Your tenants’ handbook contains most of the information you will need, but if there is anything you are not sure about, please get in touch.

Enjoy your new home!

Section 3 Your home

Your tenancy agreement is the most important document you have for your new home. It sets out your rights and responsibilities as a tenant. You should keep it in a safe place as you may need to refer to it again. We will have gone through the most important parts of your tenancy agreement with you before you signed it. This handbook explains parts of your agreement in more detail. It also tells you where you can get more information if you need it.

If two or more people have signed the tenancy agreement, each one is a joint tenant and is responsible for making sure that all the tenancy conditions are met. You can apply for someone to be added to your tenancy agreement as a joint tenant after your tenancy has started.

Changing your tenancy agreement

Once it has started, your tenancy agreement can only be changed in four circumstances.

Settling-in visit

Once you have been in your new home for a few weeks, we will contact you to arrange a settling-in visit. There is usually so much going on when you’re moving in that we don’t have time to make sure that you know about all the services that we provide. During the visit you have the opportunity to let us know if there are any problems you need us to help you with or any support that you need. We can also let you know about activities we do that you can join.

Your rights and responsibilities as a tenant

The following is a summary of the main rights and responsibilities you have as a tenant. However, you should see your actual tenancy agreement for more details.

1 Your rights

2 Your responsibilities

Paying rent and service charges

The rent and service charges that you pay cover the costs of us managing and maintaining your home. You will only have to pay a service charge for services you receive, for example, gritting, cutting grass on your estate or cleaning stairways in a block of flats. Our charges do not cover Council Tax or any charges raised by the Scottish Water Authority.

You must make your first rent payment when you sign for your tenancy. Your rent is due to be paid on the first day of each month for the month ahead. It is up to you to decide how often you want to make payments into your rent account, as long as you pay enough to cover your monthly rent charge.

How to pay your rent

You can pay rent in various ways.

What we use your rent for

We use the rent you pay to:

Sometimes we provide services to look after areas that you share with your neighbours, such as cutting grass and cleaning stairways. We will make a charge to cover the costs we have to pay for that service, and you must pay it with your rent.

Full details of the income we receive and how we use it are included in our Annual Report. This can be viewed here and you can request paper copies.

How do we set charges?

We set your rent in line with the Rent Setting Policy agreed by our Board. This can be found in our library.

The rent for each home depends on the size, type and general features of the home. So, for example, a three-bedroom detached house with a private garden and garage will have a higher rent than a one-bedroom flat with a shared drying green.

We use an affordability calculator to make sure rents are affordable to people on low incomes and to make them similar to the rents paid by other housing associations or council tenants in the area.

Rent increases

Our board reviews our rents and other charges each year, and any increases usually come into force on 1 April each year. We will contact you towards the end of each year to let you know about any changes we are proposing for the following year and to ask for your views.

If you have been a tenant with us since before 1989, you may have the right to have your rent set by Rent Service Scotland. In this instance, we can only apply for rent to be reviewed every three years.

If you were a tenant of Scottish Homes before we became the landlord of your home, we will only increase your rent in line with the agreement we made with you at that time.

If you need more information or think that your rent has not been set or increased correctly, phone our Finance Department on 01349 855963.

Difficulty paying rent

If you cannot pay your rent on time, or there is a problem with your Housing Benefit or Universal Credit, get in touch with us straight away. We can only help you if you let us know there is a problem. If you do not pay your rent you are in danger of losing your home.

If you do not pay your rent when it was due or when you said you would, we will write to you asking you to pay. If we contact you (by phone, email, text message, letter or otherwise), you must get in touch with us, even if you think you have paid what is due. When you contact us we will try to find out if you are getting all the help you are entitled to. You can talk to us in confidence, either in our offices or in your own home. We will be able to look at your circumstances and agree with you how much you can afford to pay to cover your rent and pay off any rent arrears. We might put you in touch with another organisation that specialises in debt or benefit advice.

If you do not contact us after getting reminder letters, we will take stronger action to get the rent and rent arrears. This could mean that we take you to court and get an order. This could lead to you being evicted. If we have to take you to court you will also have to pay our legal fees, which will be high. You might also find that your credit rating is affected.

We would rather not take court action against our tenants, and we will always try to help tenants avoid getting into debt in the first place. However, we depend on all our tenants to pay their rent so that we can manage our housing properly and keep it in good repair, and keep future rent increases as low as possible.

Remember, the sooner you talk to us about any problems you might have, the sooner we will be able to help.

Refunds

If you have a credit balance on your account you may be eligible for a refund. Please email incometeam@albynhousing.org.uk providing your name and address and your Housing Services Officer will contact you to discuss if you are eligible and meet the criteria.

Who lives there

The property must be your main or only home. If you do not live in the home we will take action to end your tenancy.

When you filled in your application for housing you told us who will be living with you – your household. This can change over time, and you must let us know if someone moves into or out of your home. This includes family members who count this as their home but don’t live there all the time. We need to know this so that we can:

If you want to take in a lodger, you must get our written permission first. To get our permission, contact your housing services officer.

Going away from home

If you are going to be away from your home for four weeks or more, you must let us know, even if someone will be looking after your home. You will continue to be responsible for paying the rent while you are away.

Going away in cold weather

If your home is going to be empty for any length of time during cold weather you must let us know. This is so that we can take appropriate action if we have reports of frozen or burst pipes. You must make sure your water is turned off and the pipes drained. If you want us to do this we will charge you. If you don’t know where your stopcock is, ask your housing services officer.

Make a note of where your stopcock is located.

Before you go you must make sure your home is ‘frost-proof’. See the Repairs and Maintenance section for what to do to make your home frost-proof.

Going away and not telling us

If you go away from home and don’t tell us, we might think you have moved out and are not coming back. We would then take steps to recover your home. This could mean that you lose your home and anything left in it. We do not need to go to court to do this, but we must send a notice to the property telling you what we intend to do. We can force our way into the home and change the locks if we think the house or its contents are not safe or secure.

If you do not respond to the notices we send to the property we can end your tenancy after four weeks. If you have left anything in the property, we will store them for up to six months, but only if it is worth more than the total cost of storing it and any amounts you owe us (for example, unpaid rent). Otherwise, we will simply sell or dispose of your belongings.

We can also take action to end the tenancy of a joint tenant who has left the home leaving another joint tenant there. The remaining tenant will take over the tenancy in their name only.

Subletting your home

You might want to sublet your home if you have to go away for a few months but intend to come back. If you are thinking about doing this you must get our written permission first. We will ask for information about the arrangement and how long you intend to be away. We will not generally give permission for you to sublet your home for more than six months. To get our permission, contact your housing services officer.

As a tenant, you are responsible for looking after your home and neighbourhood, and for being a good neighbour to other residents.

We believe that everyone has the right to live the way they wish as long as they do not spoil the quality of life for others. This means being tolerant, accepting and respecting the needs and choices of other people.

Neighbour problems and antisocial behaviour

Antisocial behaviour is any behaviour by residents, members of their household and visitors which causes an annoyance, nuisance or disturbance to anyone else in the area. We believe that residents are responsible for the behaviour of every person (including children) living in or visiting their home.

You are expected to take responsibility for minor antisocial behaviour related personal disputes with neighbours. We can offer support and advice if needed.

If you cannot solve the problem yourself, contact our Customer Services Team. When we receive a complaint of antisocial behaviour we will:

• Treat the matter seriously, effectively, sympathetically and confidentially;
• Investigate all reports;
• Give victims the confidence to report;
• Work with our partners to find a solution to the issues;
• Ensure appropriate action is taken to help to resolve the issues; and
• Keep you informed and respond to complaints within locally agreed timescales, but also expecting our reporters to keep in contact with us until the case is resolved.

After speaking to everybody involved, we may find that the issue is a difference of opinion or lifestyle and not antisocial behaviour. Examples of issues which may upset or disturb people but which cannot be dealt with as antisocial behaviour are;

• Footfalls
• Light switches being turned on and off
• Flushing toilets
• Cooking smells
• People talking at a normal volume in their home
• Washing machines and other household appliances
• Babies crying
• Parking outside your home (unless there is an obstruction).

Where there is antisocial behaviour being caused, we will take a victim centred approach. We will do this by working with victims, perpetrators and the community to provide a holistic approach to dealing with the problems. We aim to challenge and change behaviour and will look to support tenants who have caused antisocial behaviour to change before any action is taken against their tenancy.

In the first instance we will advise tenants on self-help options to resolve the antisocial behaviour. We believe it is important to encourage people to find their own solutions in the first instance to the dispute they are engaged in.

If self-help does not work or is inappropriate we will look to intervene early to resolve the issue. This may include non-legal actions such as mediation, restorative justice, warning letters, acceptable behaviour contracts or parenting contracts.

Occasionally where issues cannot be resolved through self-help and non-legal actions, or it is unreasonable for these approaches to be considered, for example because of the seriousness, urgency, risk of harm or criminality involved we will consider and if appropriate use more formal legal actions. We will use all legal tools that are available to us but only as a last resort.

In some circumstances and if the situation is appropriate we may be unable to progress with a case if the complainant refuses to engage with early intervention actions. The reason for closing a case will always be recorded and fully explained.

Please bear in mind that when your housing services officer is dealing with a complaint about antisocial behaviour, it may take a long time to find a solution to it.

Noise

Noise is a fact of life, and everyone has to accept that everyday activities will create some level of noise. However, some types of noise are unacceptable and there are times of the day and night when noise really does become a nuisance.

Complaints about noise can be easily avoided by showing consideration for others. Think before you have visitors or start noisy housework or DIY. Will it disturb your neighbours? Have you warned them?

Please keep noise down and, if possible, avoid times that are going to disturb other people. You are responsible for your own noise levels as well as other members of your household, your visitors and pets.

If you continually make loud noise, or make a lot of noise at inappropriate times of the day without considering your neighbours, it can become antisocial behaviour. We will then take action against your tenancy which may result in you losing your tenancy or other serious consequences for your household.

If your neighbours disturb you with noise you should talk to them about it. We all create noise and sometimes people do not realise that they are disturbing anyone. If talking to your neighbour doesn’t work, there are various steps that you can take. If you contact us we can give you advice and assistance. If you are seriously disturbed by loud noise in the night or at weekends, contact the police and let your Housing Services Officer know about it as soon as you can. Please ask your Housing Services Officer for diary sheets to keep a record of the date, time, address and type of disturbance.

Pets

You can keep no more than two domestic pets as long as they do not cause a nuisance to your neighbours and you do not break any law or court order relating to the animals. If you do not look after your pets properly, keep them under reasonable control, or if you allow them to cause a nuisance to your neighbours, we will ask you to take steps to improve the situation. This can include withdrawing our permission for you to keep pets and asking you to find another home for your pets. If you do not do this we may get a court order to remove the pet.

A pet is a domestic animal such as a dog, cat, rabbit, caged bird, fish, small rodent, non-poisonous reptile or amphibian. If you want to keep any other animal you must first request our permission.

If you have a dog, you must not let it stray and you must clean up after it immediately, especially in areas where children might play. If you find a stray dog in your area contact the dog warden at the local council who will arrange to come and collect it.

If you have a dog that you leave alone in your home or garden it can disturb your neighbours if it barks or whines all day. If we receive complaints, we may have to take action against you. This can include, withdrawing our permission for you to keep pets and asking you to find another home for your pets. If you do not do this we may get a court order to remove the pet.

Please do not keep pets unless you know you can look after them and you know they won’t be a nuisance to other people.

Parking

In some estates there is not always enough parking for everyone to park in front of their own front door. Unless the parking spaces have been designated for particular homes, parking is generally on a first come, first served basis. Please think before parking in a spot that may cause problems to or annoy other people. In particular, please consider the needs of neighbours who are elderly or who have mobility difficulties or small children, and leave spaces for them where you can.

Do not park in areas that have been designated as disabled parking spaces (unless you have a disability which means you need to use the space) or have been designated as no-parking areas.

Abandoned vehicles and vehicles which are parked on the road or in one of our car parking areas without a current tax disc will be removed.

Play areas

Please encourage your children to use areas set aside for play if these are provided.

Make sure you know where your children and teenagers are and that they are not causing a nuisance to other people in the area. You are responsible for the behaviour of your children and they should not be allowed to damage other people’s property

Adults also need to remember that young people need to play and that groups of children are not always a cause for concern.

If you have a dog, make sure that they are not allowed to foul in areas where children might play.

Shared areas and facilities

If there are any areas you share with other residents, respect their privacy and keep the areas you share clean and tidy and free from any obstruction.

No items, including bicycles, prams or furniture should be stored in communal areas and stairwells.

If you are not sure which areas you can use or are responsible for, please speak to your neighbour or ask us.

Rubbish

We will normally provide you with 2 bins; one for household waste, the other for recycling (in some areas you may be able to request a third bin from The Highland Council for garden waste). These must be used according to the guidelines from the Highland Council, and will only be emptied if they are left in the right place on the right day. The Council should have given you this information but please contact The Highland Council if you are not sure. Once emptied, you must return your bin to your storage point as soon as possible – do not leave it on the pavement or road.

If you have extra rubbish, or large items to dispose of, then please contact the Highland Council to arrange a special collection – you will have to pay for this service. Alternatively, make arrangements to dispose of the items yourself at the nearest Highland Council Civic Amenity disposal site. Fly-tipping is forbidden.

To contact The Highland Council phone 01349 886603.

Gardens

If you have a garden, keep it tidy, the grass cut and free from weeds. If you cannot manage to do this because of ill-health or a disability, you may be eligible for help from our assisted garden maintenance scheme. To find out if you can get help, phone our Customer Services Team. There may also be other garden schemes that you could join. Contact us or your local Council office for advice.

Maintaining your tenancy

Our Customer Services Department helps tenants settle into their homes, and manage changes to their personal circumstances during their tenancies.

Things the Customer Services Department can do:

• Refer tenants to other teams or services that can improve their independence, quality of life, health and well-being;

• Refer young people, new households, tenants who have been homeless, people coming out of hospital, or those with long-term illnesses to relevant support agencies to help them to adjust to living independently and managing their homes;

• Help tenants who are at risk of falling behind with their rent; and

• Help tenants who need adaptations so they can remain in their homes.