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Lease regulations observance clause

To comply with and observe all reasonable regulations which the Landlord shall from time to time make for the proper management and running of the block and of the estate and for the benefit of the premises comprised therein.

Introduction

All London Borough of Enfield Right to Buy leases have the above clause under tenant’s covenants in favour of the landlord and other tenants. The regulations set out below will become part of your lease and you are therefore required to adhere to these as a part of your covenants with your landlord.

In the conditions which follow in this section you, the tenant, are responsible for the behaviour of anyone, living in or visiting your home. This includes any sub tenants and you should ensure that their tenancy agreement makes reference to compliance with a superior lease or agreement.

This means that you must ensure that they do not act in breach of any of these conditions. Also, you must not allow them to act in such a way. This applies in the property, in communal and surrounding areas and in the locality. Where “you” is used, it means you, all members of your household, sub tenants and visitors.

1. Conduct and behaviour

1.1 You must not act in any way which causes or is likely to cause, a nuisance or annoyance or is antisocial. Examples of this sort of behaviour include:

  • playing loud music
  • loud arguments, abusive language or violence
  • offensive drunkenness
  • rubbish dumping
  • slamming doors
  • throwing things out of windows or from balconies
  • allowing dogs to bark excessively
  • not keeping pets under control
  • spraying or writing graffiti
  • damaging or vandalising council property
  • interfering with security and safety equipment
  • leaving communal doors unsecured
  • allowing unauthorised persons into communal areas

We would strongly advise against removing carpets or installing hardwood or laminate style flooring because this may reduce sound insulation between floors. It can also enhance noise transmission between properties. If this disturbs your neighbours we may consider it to be a nuisance and also a breach of your lease conditions.

1.2 You must not use or threaten to use violence against any person living in or visiting your property or locality.

1.3 You must not act in any way that subjects any person to harassment on the grounds of their racial origin or colour.

1.4 You must not act in any way that subjects any person to harassment on any other grounds. For example: religion, sex, age, disability, HIV status, sexual orientation or for any other reason. We take all incidents of antisocial behaviour and harassment very seriously and will do everything we can to stop them. In serious cases we will consider forfeiture proceedings against any tenant or for anyone who is the responsibility of the tenant (such as sub tenants) who commits or supports antisocial behaviour or harassment.

Examples of harassment include:

  • unprovoked physical assaults
  • verbal abuse
  • threatening or abusive behaviour
  • threatening or abusive letters, telephone calls or text messages
  • racial comments and / or abuse
  • damage to property to threats to damage property
  • making false complaints about someone

1.5 You must not use the property or locality for criminal, immoral or illegal purposes, such as dealing in illegal drugs or substances or prostitution. If you are convicted of such an offence, this will be a breach of your lease.

Other examples of criminal, illegal or immoral behaviour include:

  • dealing in pornography
  • the sale or storage of stolen goods
  • theft
  • burglary
  • criminal damage
  • keeping an offensive weapon at the property
  • public order offences

1.6 You must not keep any firearm, shotgun or air rifle in your property without all the necessary certification required by law, including the Firearms Act 1968, and without our written permission.

1.7 You must not use or threaten to use violence or verbally assault other people residing in the locality so that they leave the property.

1.8 You must treat council officers, and anyone acting on the council’s behalf, with courtesy and respect and you must not make offensive comments to them. We regard as offensive any comment about any other person, not just our employees that show a low opinion of that person based on their race, ethnic origin, religious beliefs, gender, sexual orientation, age, disability or HIV status.

1.9 You must not abuse, harass, use or threaten to use violence against any of our officers or agents, or against a councillor. This applies at any time and in any place. If your behaviour causes alarm or distress to another person, the police may give you a warning under the Protection from Harassment Act 1997. If you breach this warning, you will be behaving illegally and the police will take action against you. Such a breach would provide us with the necessary evidence to also take action for a breach of your lease.

We could also seek an injunction against you to prevent you from carrying out this behaviour, or an Antisocial Behaviour Order (ASBO) which would stop you doing anything contained in the order. This could exclude you from the locality. A breach of either of these orders can carry a custodial sentence.

We could also ask you to sign up to an Acceptable Behaviour Contract (ABC). This is an agreed code of behaviour between us, the police and you. A breach could lead to an ASBO or the loss of your home.

2. Use of premises

2.1 The premises must be used as a single family dwelling. If you sublet your property you must do so in such a way that does not create a nuisance to other residents. If you have a property that has multiple occupants you must have good management practices. You must comply with the manager’s duties as set out in the Houses in Multiple Occupation (England) Regulations 2006. You must not create any additional self-contained dwellings within the Premises demised to you.

2.2 Right to Sub letting. Whilst you have the right to sublet your home you must supply details of any sub tenant to us, along with details of any managing agent and a contact address for you within the United Kingdom.

2.3 You must not carry on or advertise any trade or business at your premises without our written consent. We will not refuse permission unreasonably or unless we feel the business is likely to cause a nuisance or annoyance to neighbours or damage to property. If we do give consent then you must still meet any necessary legal or planning requirements for your business use.

2.4 You must keep communal areas and balconies free from obstruction and clean and tidy. Due to potential Fire Risk nothing must be stored on a balcony or in communal areas.

3. Health and safety

3.1 You must ensure that any gas appliances are annually checked by a Gas Safe registered engineer.
Your gas appliances, including your gas boiler, oven, hob and gas fires should be serviced according to the manufacturer’s guidelines (at least once a year) by a Gas Safe registered engineer. If you do not have your gas appliances checked and serviced every year you could be putting you and your family in danger of carbon monoxide poisoning.

If you let a property, you must make sure that pipe work, appliances and flues provided for tenants are maintained in a safe condition. You need to have a gas safety check every year. A Gas Safe registered engineer must carry out the safety check in your properties. You must give your tenants a copy of the gas safety record within 28 days of it being carried out or before they move in.

3.2 You must not do anything in your home or the locality that would cause danger to others living in the property, block or in your locality.

3.3 You must not keep or store dangerous, offensive or inflammable materials or appliances at your home, or in the communal areas, apart from those that may reasonably be needed for general household or medical use.

3.4 You must not use portable heaters that burn oil, paraffin, gas or other combustible materials without our written
permission.

3.5 You must not interfere with the electric or gas supply.

3.6 You must not interfere with any equipment for detecting or putting out fires.

3.7 You must not leave syringes in any area where others might come into contact with them.

3.8 You must not throw anything out of windows or off the balcony.

3.9 You must dispose any hazardous waste safely and hygienically. This would include such items as syringes, nappies and incontinence pads.

3.10 You must not allow anyone into shared areas of the block unless you know that they have a right to be there.

4. Pets and animals

4.1 You have the right to keep pets or animals which we consider suitable, as long as they do not cause damage to property, or nuisance or annoyance to anyone in your locality. Pets that we consider suitable are domestic cats, dogs, small birds, fish, non-poisonous spiders and insects, non-poisonous snakes under two feet in length, other reptiles under two feet in length, rabbits, hamsters, guinea pigs, mice, gerbils and domestic rats.

4.2 You must obtain written permission if you want to keep a pet other than the ones we have listed as suitable.

4.3 You must not keep more than one dog in your property. You must always keep a dog on a lead in communal areas or on our estates. You must ensure that your dog does not foul communal areas, estate roads or our land.

4.4 In accordance with the Dangerous Dogs Act 1991, your dog must always be muzzled and accompanied by a responsible adult and covered by a certificate of exemption if it is one of the defined dogs under the Act.

4.5 You must keep your individual balcony free from pigeon droppings.

5. Repairs and alterations to your property

5.1 You must ensure that your property is in a good state of repair, if you are subletting your home then as a landlord you must ensure any repairs are carried out promptly.

5.2 If there is a water leak from your property affecting another flat you must ensure that this is remedied as a matter of urgency. If you fail to deal with a leak promptly then we will take legal action to gain entry to your property and affect a repair and recharge you accordingly.

5.3 Failure to allow our contractors and agent’s access to investigate leaks into other properties or communal areas may result in us taking legal action to enter your property.

5.4 All external doors to your property must comply with current Fire Regulations. You should not replace your entrance door(s) without the express written consent of the council.