• WHAT IS THE DIFFERENCE BETWEEN A TRANSFER AND AN EXCHANGE?

If you are a current Cosmopolitan resident, a transfer is were you can apply to move to another Cosmopolitan home.  A mutual exchange is were you can exchange homes with another Cosmopolitan resident or a resident of a local authority or other housing association.  We facilitate the exchange process in accordance with our policies.  This includes making sure that the exchange will not lead to overcrowding and other problems.  All Cosmopolitan offices keep a list of exchange properties, and your are welcome to get in touch to see what might suit you.  You can also visit the offices of most other local authority or other housing associations to ask to see their exchange lists, again the processes are similar to Cosmopolitans.

• AM I ALLOWED TO TAKE IN A LODGER?

Yes, as long as you do not cause overcrowding, and our written permission has been obtained.  A lodger would not have exclusive use of part of your home, but would live as part of your household and possibly share meals.

• CAN I SUBLET PART OF MY HOME?

Yes, unless this would cause overcrowding, or if we intended to carry out improvement works which would affect the part to be occupied by the sub-tenant.  You must obtain written permission from us.  If you are under-occupying your home (eg, it is too large for you), you may prefer to move to a smaller home.

• CAN I SIGN OVER MY TENANCY TO SOMEONE ELSE?

Signing over a tenancy from one named tenant to another person is called assignment.  We do not usually grant permission to residents to assign their tenancy to someone else.  The only exceptions are assignment by way of a mutual exchange or under a Court Order in the case of a relationship breakdown.  In certain other cases, we may grant you permission to assign your tenancy.  Please contact your Tenancy Management Officer for futher details about this.

• WHAT TYPE OF TENANCY DO I HAVE?

We grant three types of tenancies: a Secure Tenancy, an Assured Tenancy and an Assured Shorthold Tenancy.  Your Tenancy Agreement covers the legal terms and condition of your tenancy in detail. 

• Secure Tenancies  -  Tenancies starting before 15  January 1989 are known as Secure Tenancies.  Cosmopolitan residents with this type of tenancy who transfer to another Cosmopolitan home remain secure tenants.  This also applies to tenants of the association who mutually exhanged with another secure tenant.  Secure tenants have certain rights under the Housing Act (1985).  One of the most important rights is that you cannot be evicted from your home without a court order, and that before this happens, we must have served an apporpriate Notice of Intent to Seek Possession and give the reasons for serving it.  This right and others are detailed in your Tenancy Agreement.

• Assured Tenancies  -  Tenancies starting after 15 January 1989 (and up until 2006) are Assured Tenancies.  These tenancies were established by the Housing Act (1988) and are now the major form of tenancy.  Assured tenants have similar rights and security of tenure to Secure tenants.  However, there are some differences in the grounds on which we can take legal action to repossess your home.  These are listed in your Tenancy Agreement.  Again, you cannot be evicted from your home without a court order.

• Assured Shorthold Tenancies  -  These tenancies were established by the Housing Act (1988) and are now used for all new Cosmopolitan Tenancies with effect from 2006.  An Assured Shorthold Tenancy will last for a period of 12 months, if there have been no problems with the way you have conducted your tenancy during this period then it will automatically become an Assured Tenancy.

• WHAT IS A JOINT TENANCY?

If you have been given a Joint Tenancy with your partner, you will each have equal rights over the Tenancy and will both be responsible for meeting the obligations involved, such as paying the rent regularly.

Joint or Sole Tenancies are granted according to the information received from the nomminating Local Authority or referral agency.

• HOW CAN I CHANGE MY TENANCY?

• Changing a Joint Tenancy Into A Sole Tenancy   -  Your first step is to seek advice from your Tenancy Management Officer.  If both joint tenants are in agreement, then the process is quite straightforward and you will be asked to come into your local office to sign an Assignment Deed.  However, if both of you are not in agreement and only one wishes to give up the tenancy, you must seek independant legal advice.

• Changing A Sole Tenancy Into A Joint Tenancy  -  You will need to prove that your partner has lived with you for at least a year.  We will then decide whether we can grant a Joint Tenancy.  A new Joint Tenancy will not be granted if there are any outstanding rent arrears.  You should contact your Tenancy Management Officer as a first step.

• Changing Your Name  -  You should notify your Tenancy Management Officer in writing and attach a copy of any relevant documents, e.g. marriage certificate or deed poll certificate.

• Change In Relationship Circumstances  -  If your relationship with your partner breaks down and you can no longer live together, you may become involved in a dispute about which of you will remain in the property.  If this happens, you should seek independant legal advice regarding your occupancy rights.  The laws surrounding this matter are complex but you should note that in the case of divorce or where there are children involved, sometimes the Courts can decide who keeps the tenancy.  In such cases it is not always the tenant but the tenant's spouse who is awarded the tenancy.  You should contact your Tenancy Management Officer if there are to be changes in your circumstances.