Introductory Tenancies

For many residents, the problem of nuisance and anti-social behaviour has brought about illness or stress.  In the more severe cases it has caused people to leave their homes and move to other areas.  In addition, many people are failing to pay their rent, not returning their housing benefit forms and falling into arrears.  This cost falls on other tenants.

Derby Homes want to reverse these trends and make the city a safer place to live – improving the general quality of life for residents who live on our estates.  A major part of this overall plan is to establish the concept of Introductory Tenancies.

Frequently Asked Questions

 What are Introductory Tenancies?
 What rights do Introductory Tenants have? 
 What will happen during the 12 month tenancy? 
 What incidents are likely to be considered a minor breach? 
 What incidents are likely to be considered a serious breach?
 What if it wasn't the tenant causing the breach?
 Why do you have Introductory Tenancies?

What are Introductory Tenancies?
An Introductory Tenancy is a temporary tenancy, which initially lasts for 12 months.  During this time the tenant is effectively on probation.  If the tenancy is conducted satisfactorily within this period then the tenancy will become secure.

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What rights do Introductory Tenants have?
Introductory tenancies are not secure tenancies.  Introductory Tenants will have the right of:
• succession
• repair.

New tenants will not have the same statutory rights as existing tenants. They will not have the right to:
• the same protection from eviction for any breach of the tenancy agreement
• buy their council property
• assign or transfer the tenancy (Exceptions may apply in some cases)
• to take in lodgers
• carry out improvements or mutually exchange with another tenant.

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What will happen during the 12 month tenancy?
The tenancy will be monitored and reports made to the tenant on their progress. Introductory Tenants causing nuisance of a minor nature will be served a formal notice of the breach of their tenancy agreement. Incidents considered to be a serious breach will cause the Council to take action to end the tenancy.

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What incidents are likely to be considered a minor breach?
Minor breaches of tenancy might include:
• littering
• occasional noise
• failure to maintain gardens to a satisfactory standard
• minor damage to the property.

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What incidents are likely to be considered a serious breach?
Serious breaches may include:
• rent arrears
• violence or threat of violence
• a risk of damage to a property
• a substantial number of incidents, including those of a minor nature which have continued despite warnings to the tenant
• harassment which is having a seriously detrimental effect on the victim or members of his or her family
• use of the property for illegal or immoral purposes, for example drug dealing.

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What if it wasn't the tenant causing the breach?
The tenant may be held liable for breaches caused by members of their family/friends, their own children or visitors to the premises for example.

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Why do you have Introductory Tenancies?
The ultimate purpose of these procedures is to encourage people to behave responsibly and in a manner that is acceptable to the rest of the community. However, Introductory Tenancies are not simply a tool that Derby Homes can use to evict at will.

There are very stringent methods imposed on us to ensure fairness and to monitor Derby Homes' actions when dealing with an alleged breach of an Introductory Tenancy.  Every Introductory Tenant has the right of appeal to an independent body if they find themselves under investigation and all elements of the investigation will be required to meet the requirements of natural justice.

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