Common use of SUB-LETTING, ASSIGNATION AND EXCHANGE OF YOUR TENANCY Clause in Contracts

SUB-LETTING, ASSIGNATION AND EXCHANGE OF YOUR TENANCY. 4.1 If you want to: take in a lodger; OR sub-let part or all of your house; OR assign the tenancy (pass on the tenancy to someone else); OR carry out a mutual exchange; OR otherwise give up possession, you must first get our written permission. To do this, you must tell us: the details of the proposed change including who you want to sub-let or assign or give up possession to, take as a lodger or exchange with (and the house involved); AND the amount of rent and any other payments (including a deposit) you propose charging (if any); AND when you want the sub-letting, lodging, assignation, giving up possession or exchange to take place. If you want another person to be a joint tenant, both of you must apply to us. The other person must use the house, or intend to use the house, as his or her only or principal home. We will not unreasonably refuse permission. If you want to assign your tenancy, the house must have been the only or principal home of the person to whom you want to assign the tenancy for at least six months before the date of your written request. 4.2 We will not unreasonably refuse permission for an assignation, sub-letting, giving up of possession or taking a lodger. Reasonable grounds for refusing permission include the following: we have served a notice on you warning you that we may seek eviction on certain grounds because of your conduct; we have obtained an order for your eviction; it appears that you propose to receive a payment or an unreasonable rent or deposit; the proposed change would lead to the criminal offence of overcrowding; we intend to carry out work on the house (or the building of which the house forms part) which would affect the part of the house connected with the proposed change. These examples do not in any way alter our general right to refuse permission on reasonable grounds. If we give permission, you cannot increase the rent or other payments made to you by the other person unless we give our permission. See paragraph 10.3 for more details on getting permission. 4.3 We will not unreasonably refuse permission for a mutual exchange of your house. The exchange must be with another house where the tenant holds a Scottish Secure Tenancy or Short Scottish Secure Tenancy. The landlord does not need to be us. The other landlord must also agree to the exchange. Reasonable grounds for refusing permission include the following: we have served a notice on you warning that we may seek eviction on certain grounds because of your conduct; we have obtained an order for your eviction; your house was let to you because of your employment with us; your house was designed or adapted for persons with special needs and if the exchange was allowed, there would be no person living in the house who required those designs or adaptations; the other house is substantially larger than you and your family need or it is not suitable for the needs of you and your family; the proposed exchange would lead to the criminal offence of overcrowding. These examples do not in any way alter our general right to refuse permission on reasonable grounds. See paragraph 10.3 for more details on getting permission. 4.4 If you are married, or if you live in the house with someone as husband and wife, we may need their consent. If you are a joint tenant, we will need the other tenant’s written consent to the proposed change. If you want to change the joint tenancy to a single tenancy because the other joint tenant has abandoned the tenancy, you should ask us to use our powers under paragraph 6.8 of this Agreement.

Appears in 1 contract

Samples: Scottish Secure Tenancy Agreement

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SUB-LETTING, ASSIGNATION AND EXCHANGE OF YOUR TENANCY. 4.1 If you want to: take in a lodger; OR sub-let part or all of your housethe property; OR assign the tenancy Tenancy (pass on the tenancy Tenancy to someone else); OR carry out a mutual exchange; OR otherwise give up possession, • change your Tenancy to a joint Tenancy; you must first get our written permission. To do this, you must tell usus in writing: the details of the proposed change including who you want to sub-let or assign or give up possession to, take as a lodger or joint Tenant or exchange with (and the house property involved); AND the amount of rent and any other payments (including a deposit) you propose charging (if any); AND when you want the sub-letting, lodging, assignation, giving up possession exchange or exchange change in Tenancy to take place. If you want another person to be a joint tenant, both of you must apply to us. The other person must use the house, or intend to use the house, as his or her only or principal home. We will not unreasonably refuse permission. If you want to assign your tenancyTenancy, the house property must have been the only or principal home of the person to whom you want to assign the tenancy Tenancy for at least six 6 months before the date of your written request. 4.2 . If you are the Tenant of a fully mutual housing co-operative the assignee, sub-tenant or Tenant moving into the property as a result of an assignation, sub-let or exchange you must become a member of the fully mutual housing co-operative before the move takes effect. We will not unreasonably refuse permission for an assignation, sub-letting, giving up of possession joint Tenancy or taking a lodger. Reasonable grounds for refusing permission include the following: we have served a notice on you warning you that we may seek eviction on certain grounds because of your conduct; we have obtained an order for your eviction; it appears • the rent or deposit that you propose to receive a payment or an unreasonable rent or depositcharging is unreasonable; the proposed change would lead to the criminal offence of overcrowding; we intend to carry out work on the house (or the building of which the house forms part) property, which would affect the part of the house property connected with the proposed change. These examples do not in any way alter our general right to refuse permission on reasonable grounds. If we give permission, you cannot increase the rent or other payments made to you by the other person unless we give our permission. See paragraph 10.3 for more details on getting permission. 4.3 4.2 We will not unreasonably refuse permission for a mutual exchange of your housethe property. The exchange must be with another house where the tenant holds Tenant who is also a Scottish Secure Tenancy or Short Scottish Secure TenancyTenant of a local authority landlord, a registered social landlord, and a water/sewerage authority. The landlord Landlord does not need to be us. The other landlord Landlord must also agree to the exchange. Reasonable grounds for refusing permission include the following: we have served a notice on you warning that we may seek eviction on certain grounds because of your conduct; we have obtained an order for your eviction; your house • the property was let to you because of your employment with us; your house • the property was designed or adapted for persons with special needs and if the exchange was were allowed, there would be no person living in the house property who required those designs or adaptations; the other house exchange property is substantially larger than you and your family need or it is not suitable for the needs of you and your family; the proposed exchange change would lead to the criminal offence of overcrowding. These examples do not in any way alter our general right to refuse permission on reasonable grounds. grounds See paragraph 10.3 for more details on getting permission. 4.4 4.3 If you are married, or if you live in the house property with someone as husband and wifea partner, we may need their consentconsent to proposed changes. If you are a joint tenantTenant, we will need the other tenantTenant’s written consent to the proposed change. If you want to change the joint tenancy Tenancy to a single tenancy Tenancy because the other joint tenant Tenant has abandoned the tenancyTenancy, you should ask us to use our powers under a separate procedure applies. See paragraph 6.8 of this Agreement6.8.

Appears in 1 contract

Samples: Scottish Secure Tenancy Agreement

SUB-LETTING, ASSIGNATION AND EXCHANGE OF YOUR TENANCY. 4.1 If you want to: take in a lodger; OR sub-let part or all of your house; OR assign the tenancy (pass on the tenancy to someone else); OR carry out a mutual exchange; OR otherwise give up possession, possession you must first get our written permission. To do this, you must tell usus in writing: the details of the proposed change including who you want to sub-let or assign or give up possession to, take as a lodger or exchange with (and the house involved); AND the amount of rent and any other payments (including a deposit) you propose charging (if any)) in the case of sub-letting or taking in a lodger; AND when you want the sub-letting, lodging, assignation, giving up of possession or exchange to take place.  in the case of sub-letting or taking in a lodger, the tenancy/occupancy terms on which you intend to sub-let or take in a lodger (prior to granting consent, we will require that lodgers and sub-lessees are provided by you with a written agreement and that the terms of this agreement are acceptable to us). If you want another person to be a joint tenant, both of you must apply to usus in writing. The other person must use the house, or intend to use the house, as his or her only or principal home. We will not unreasonably refuse permission. If you want to assign your tenancy, the house must have been the only or principal home of the person to whom you want to assign the tenancy for at least six 6 months before the date of your written request. 4.2 We will not unreasonably refuse permission for an assignation, sub-letting, giving up of possession or taking a lodger. Reasonable grounds for refusing permission include the following: we have served a notice on you warning you that we may seek eviction on certain grounds because of your conduct; we have obtained an order for your eviction; it appears that you propose to receive a payment or an unreasonable rent or deposit; the proposed change would lead to the criminal offence of overcrowdingovercrowding or overcrowding as defined by us; we intend to carry out work on the house (or the building of which the house forms part) which would affect the part of the house connected with the proposed change.  for the avoidance of doubt you are permitted to charge a reasonable rent and a reasonable deposit for sub-letting or taking in a lodger. These examples do not in any way alter our general right to refuse permission on reasonable grounds. If we give permission, you cannot increase the rent or of other payments made to you by the other person unless we give our permission. See paragraph 10.3 for more details on getting permission. 4.3 We will not unreasonably refuse permission for a mutual exchange of your house. The exchange must be with another house where the tenant holds a Scottish Secure Tenancy secure tenancy or Short short Scottish Secure Tenancysecure tenancy. The landlord does not need to be us. The other landlord must also agree to the exchange. Reasonable grounds for refusing permission include the following: we have served a notice on you warning that we may seek eviction on certain grounds because of your conduct; we have obtained an order for your eviction; your house was let to you because of your employment with us; your house was designed or adapted for persons with special needs and if the exchange was allowed, there would be no person living in the house who required those designs or adaptations; the other house is substantially larger than you and your family need or it is not suitable for the needs of you and your family; the proposed exchange change would lead to the criminal offence of overcrowdingovercrowding or overcrowding as defined by us.  both houses have not been maintained to a reasonable condition by the parties who wish to exchange. These examples do not in any way alter our general right to refuse permission on reasonable grounds. See paragraph 10.3 for more details on getting permission. 4.4 If you are married, or if you live in the house with someone as husband and wife, we may need their consent. If you are a joint tenant, we will need the other tenant’s written consent to the proposed change. If you want to change the joint tenancy to a single tenancy because the other joint tenant has abandoned the tenancy, you should ask us to use our powers under paragraph 6.8 of this Agreement.

Appears in 1 contract

Samples: Scottish Secure Tenancy Agreement

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SUB-LETTING, ASSIGNATION AND EXCHANGE OF YOUR TENANCY. 4.1 If you want toto : take in a lodger; OR sub-let part or all of your house; OR assign the tenancy (pass on the tenancy to someone else); ) ;OR carry out a mutual exchange; OR  change your tenancy to a joint tenancy OR  otherwise give up possession, possession you must first get our written permission. To do this, you must tell usus in writing: the details of the proposed change including who you want to sub-let or assign or give up possession to, take in as a lodger or joint tenant or exchange with (and the house involved); ) AND  when you want the sub-letting, lodging, assignation, giving up of possession or exchange to take place AND  in the case of sub-letting or taking in lodgers only - the amount of rent and any other payments (including a deposit) you propose charging (if any); AND when you want the sub-letting, lodging, assignation, giving up possession or exchange to take place. ) If you want another person to be a joint tenant, both of you must apply to usus in writing. The other person must use the house, or intend to use the house, as his or her only or principal home. We will not unreasonably refuse permission. If you want to assign your tenancy, the house must have been the only or principal home of the person to whom you want to assign the tenancy for at least six 6 months before the date of your written request. 4.2 We will not unreasonably refuse permission for an assignation, sub-lettingsubletting, giving up of possession joint tenancy or taking a lodger. Reasonable grounds for refusing permission include the following: we  We have served a notice on you warning you that we may seek eviction on certain grounds because of your conduct; we  We have obtained an order for your eviction; it appears  In the case of subletting or taking in lodgers only, the rent or deposit that you propose to receive a payment or an unreasonable rent or deposit; the charging is unreasonable:  The proposed change would lead to the criminal offence of overcrowding; we  We intend to carry out work on the house (or the building of which the house forms part) which would affect the part of the house connected with the proposed change. These examples do not in any way alter our general right to refuse permission on reasonable grounds. If we give permission, you cannot increase the rent or other payments made to you by the other person unless we give our permission. See paragraph 10.3 for more details detail on getting permission. 4.3 We will not unreasonably refuse permission for a mutual exchange of your house. The exchange must be with another house where the tenant holds is also a Scottish Secure Tenancy or Short Scottish Secure TenancyTenant. The landlord does not need to be us. The other landlord must also agree to the exchange. Reasonable grounds for refusing permission include the following: we  We have served a notice on you warning that we may seek eviction on certain grounds because of your conduct; we  We have obtained an order for your eviction; your house was let to you because of your employment with us; your house was designed or adapted for persons with special needs and if the exchange was allowed, there would be no person living in the house who required those designs or adaptations; the other house is substantially larger than you and your family need or it is not suitable for the needs of you and your family; the proposed exchange would lead to the criminal offence of overcrowding. These examples do not in any way alter our general right to refuse permission on reasonable grounds. See paragraph 10.3 for more details detail on getting permission. 4.4 If you are married, or if you live in the house with someone as husband and wife, we may need their consent. If you are a joint tenant, we will need the other tenant’s written consent to the proposed change. If you want to change the joint tenancy to a single tenancy because the other joint tenant has abandoned the tenancy, you should ask us to use our powers under paragraph 6.8 of this Agreement.

Appears in 1 contract

Samples: Scottish Secure Tenancy Agreement

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