Your Tenancy Agreement

Tenancy Agreement Overview

The social housing sector across the Island uses a standard Tenancy Agreement to ensure fair and consistent treatment of tenants.

When renting from Onchan District Commissioners, you'll sign the standard tenancy agreement, which outlines both your responsibilities as a tenant and the responsibilities of the Commissioners as your landlord.

Your Tenancy:

As our tenant, you have a legal right to remain in your home for the fixed term of your tenancy, as specified in your Tenancy Agreement (typically lasting no more than 5 years). This right is dependent upon you observing the conditions outlined in the agreement.

Your Tenancy Agreement is a legal document that we provide by law and requires your signature at the start of your tenancy. It details your responsibilities and the conditions you must follow to maintain your tenancy.

Key Points:

• Legal Rights:

  • Your tenancy agreement is a legal contract between you and Onchan District Commissioners.  
  • You have the right to remain in your home as long as you comply with the terms of the tenancy agreement.

• Tenant Responsibilities:

  • The agreement specifies what you are expected to do as a tenant.

• Landlord Responsibilities:

  • It also details what you can expect from the Commissioners as your landlord.

• Agreement Copy:

  • You'll receive a copy of your tenancy agreement to keep for reference.

For more information, always refer back to your agreement.    Additional resources can be found on the website under the section titled "Your Tenancy" which offers general advice and information.

New Tenants  

New tenants do not have the same rights as established tenants. During the first 12 months you do not have the right to:

• exchange homes with any other tenant
• take in lodgers
   

Understanding Tenancies: 

Sole Tenancy

A sole tenancy exists when only one tenant is named on the tenancy agreement. As the sole tenant, you hold all rights and responsibilities outlined in the agreement.

Joint Tenancy

In a joint tenancy, two or more people are named on the tenancy agreement. Each joint tenant shares all rights and responsibilities, even if one tenant decides to leave. If one joint tenant formally ends the tenancy, the entire tenancy is terminated, regardless of whether the other tenants were aware of this decision.

Joint Tenancy Eligibility

Generally, we allow established couples to become joint tenants at the start of their tenancy, provided both comply with residency requirements. In exceptional cases, we may also consider joint tenancies for close relatives, such as a parent and child or siblings.

For any questions or further clarification about your tenancy type, please get in touch with the Housing Office. 

What Happens If You Do Not Keep to Your Tenancy Agreement?

If you break the terms and conditions of your tenancy, we will contact you to outline the steps you need to take to rectify the situation. Continued breaches may result in legal action, which could lead to:

• An injunction, which is a court order requiring you to comply with the tenancy terms, primarily used against tenants causing unreasonable annoyance to others (e.g., excessive noise, threats, violence).
• seek to take back possession of your home.

Ending Your Tenancy

You can end your tenancy by providing one week’s written notice to the Commissioners and returning your keys.  For more details,  please refer to the section “Ending your Tenancy”

We cannot end your tenancy unless:

• You break one or more conditions of your tenancy.
  
• We need your home for another reason, such as clearance for redevelopment.
  
• We obtain a court order for possession.

During the first year of your tenancy, we closely monitor tenants to ensure compliance with the agreement. Housing Officers may visit to address any issues promptly.

If we seek to terminate your tenancy, will follow the  Guidance for Housing Authorities on the Management of Arrears and Prevention of Evictions in Public Sector. and the Guidelines on the Implementation and Management of Fixed Term Tenancies in Public Sector General Housing  We will:

• Warn you in writing that we plan to take legal action and serve you with a Notice to Quit.
  
• Apply to court for a Possession Order. If granted, this could result in your eviction.
  

We will always provide you with every opportunity to resolve issues and try to avoid court action.

For further information or assistance, please contact the Housing Office.