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.

• If we increase the rent or service charge in the way described in paragraph 1.7 of the agreement.
• If you or we apply to the Sheriff under Section 26 of the Housing (Scotland) Act 2001 for an order to change the tenancy agreement, and the Sheriff grants that order.
• If we agree with you in writing to change it.  (This will only happen in exceptional circumstances. For example, we may agree to change the period of notice you need to give to end your tenancy.)
• If an antisocial behaviour order is made against you. In this case, the tenancy may change to a short Scottish secure tenancy.  This would mean that you would have fewer rights and less security on your home.

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

• To have the security of a tenancy agreement
• To enjoy your home
• To have a joint tenancy, take in a lodger, sublet your property, transfer (assign) your tenancy or swap homes with another tenant (a mutual exchange)
• To have a home that is weather-proof and fit to live in
• To have certain repairs carried out
• To improve or alter your home, if permission is granted
• To receive information and be consulted
• To complain

 2 Your responsibilities

• To live in the property as your main or only home
• To pay your rent
• To avoid damage to the property
• To respect others
• To report repairs and keep your home well decorated
• To give us access to carry out repairs
• To not act in a way likely to cause a nuisance.

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.

• By Direct Debit. This may be the easiest method for you to make sure you don’t forget to pay as any changes to your rent are made automatically.  Direct Debit form.
• Using ‘Allpay’ at any PayPoint using your Allpay card, or over the phone by calling 0844 5578321, using the Allpay mobile phone app, and your credit card or debit card.
• By standing order from your bank account. Standing order form.
• By cheque.  Make the cheque out to Albyn Housing Society Ltd.  You must write your name, address and tenancy agreement number on the back of the cheque so we know it is you who has paid the money.
• Through online banking.  Please ask for details.
• By telephone. Call our office from 9am - 5pm Monday to Friday. You will need a debit or credit card.
  0300 323 0990

What we use your rent for

We use the rent you pay to:

• repair and maintain your home;
• manage the services we provide to you; and
• repay loans, and the interest on them, taken out to buy or build houses.

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:

• make sure the home is not getting overcrowded;
• let all adults in the household know if we are going to do anything that may affect their rights; and
• be sure who might have a right to take the tenancy over if anything happens to you.

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.

In the future, the home you live in may no longer be suitable for you.  You can apply to us for a transfer or apply to other landlords for housing.  Or you can swap homes with another tenant of ours or of a housing association or local authority.  This is known as a mutual exchange.

Transfer to another home

You can apply to move to a different type or size of house or to a different area.  Each year, we aim to offer at least 30% of all our empty properties to tenants who have applied for a transfer.

We will normally offer a transfer to the applicant with the highest need to move.  We will work this out by allocating points using the Highland Housing Register.

We may not allow you to transfer if:

•  you are behind with your rent;
•  you have not kept your home in good condition; or
• we have had to deal with complaints about behaviour related to your tenancy.

If you want to apply for a transfer, phone our Customer Services Team.

Mutual exchanges

If you want to swap homes with another tenant, you can look out for other people’s adverts in local council housing offices or other housing association offices. You can also advertise in local papers or on noticeboards in local supermarkets. If you have internet access, you can also advertise on landlords’ websites.

There is a national scheme that helps people to swap homes with tenants in other parts of the UK. This is called ‘House Exchange’, and you can register for free on the website at www.houseexchange.org.uk. It is very simple to register and you will receive information on potential swaps by email or text message. When you find someone who you want to exchange with it is up to you to contact him or her. You can arrange to visit each other’s homes. Please inspect their home carefully. Make sure you would be happy to move into it the way it is. We will not carry out any decorating or repairs for you, unless there are structural or safety issues.

If you decide that you want to swap homes you and the other tenant must fill in an Application for Mutual Exchange form. If the other tenant is not our tenant, they will also have to contact their landlord and you will have to fill in a form from that landlord. You cannot go ahead with the swap until both landlords have given their permission in writing.

We may not allow the exchange to go ahead if:

• either of you have rent arrears;
• either of you have not looked after your home;
• either of you have had complaints about behaviour made against you; or
• we cannot get a satisfactory reference from the other tenant’s landlord.

Also, we will not allow the exchange if it will result in our property being overcrowded or much larger than the new tenant needs, or if your home is of a special type and the other tenant does not need that particular type of housing.

We aim to make a decision on whether to allow the exchange within 28 days of receiving your Application for Mutual Exchange form.

You can download mutual exchange forms here.

Get a reward from us before you go

We really appreciate tenants who look after their homes and who have trouble-free tenancies. To reward you for this, when you end your tenancy you can claim up to £150 from us if you have met the full 8 qualification criteria, which are:

• We get at least 4 weeks' notice a tenant is leaving.
• We get into the home to do a repair inspection before a tenant leaves
• A full set of keys are returned
• You give us your new address
• You have given us a final meter reading and told us who supplies your gas and electricity (you must also give the suppliers your meter readings)
• Cleared the house of furniture, belongings and rubbish
• Tidied and cleared the garden of rubbish
• Cleaned the house
• Left your wheelie bin for the next tenant
• Done any repairs you are responsible for
• Left the home reasonably well decorated

However the Tidy Tenancy Incentive Scheme does not apply to the following:

• Tenants transferring to another Albyn Housing property
• People doing a mutual exchange
• Sharing Owners

Your Housing Officer will let you know about the scheme when you contact us to say that you are giving up your tenancy.

Please note:  any rent you owe will be taken off the reward.

Right to compensation

If you have made certain improvements to your property, at the end of your tenancy we might be able to compensate you for the cost of the work.  To get compensation:

• you must have got our written permission before the work was carried out;
• you must have carried the work out to a good standard;
• the work must have been carried out after 30 September 2002; and
• the improvement must be one of the following.
• Fitting a bath or shower
• Cavity wall insulation
• Having double glazing or secondary glazing
• Replacing windows
• Draught-proofing outside doors or windows
• Insulating pipes and water tanks or cylinders
• Installing mechanical ventilation in the bathroom or kitchen
• Fitting a new kitchen sink
• Insulating the loft
• Rewiring and providing lighting or other electrical fixtures or fittings, including smoke detectors
• Fitting security measures other than burglar alarms
• Providing new heating or water heating
• Fitting storage cupboards in the bathroom or kitchen
• Putting thermostatic radiator valves on radiators
• Fitting a new wash basin
• Putting in a toilet
• Replacing or fitting worktops or work surfaces in the kitchen

If you want to claim compensation for any of the above, ask the Customer Services Team for more information.

When you move out you may find the following checklist helpful.

Before you move out

• Contact your housing officer to tell them that you are moving out.
• Contact your satellite TV provider if you have one to arrange for a final bill.
• Contact electricity, gas and oil suppliers to let them know when you will be moving out.  They may want to talk to you about how you are going to pay your bills.  Remember to take meter readings on the day you leave.
• Contact your phone company to arrange for a final bill.  If you are not moving too far you might be able to take your phone number with you.
• Let your local council know that you are moving. You will need to fill in a form for council tax.
• Make a list of everybody who will need to have your new address (for example, your bank, building society, work, doctor, dentist, friends and family).  You can arrange to have your mail redirected by Royal Mail, though they charge for this service.
• Arrange to get rid of any furniture, belongings or rubbish that you are not taking with you.  If you leave it we will charge you for getting rid of it.
• Make sure you carry out any repairs we told you about after you gave your notice to end the tenancy.
• Remember to leave the property reasonably well decorated.  This usually means you will have to touch up damaged paintwork or wallpaper. If you don’t do this, we may have to charge you for any redecoration vouchers we give the new tenant.
• If you are on Housing Benefit you must let the local council know when your tenancy will end and that you are no longer responsible for paying the rent.
• Remember to hand in your keys on or before the end of your notice period.  If you do not return your keys we will continue charging you rent until you return them or we change the locks.  If we have to change the locks, we will charge you for this.