A breach of tenancy is the term used when you fail to keep to the terms of your Tenancy Agreement. This could be something like not paying rent, or harassing your neighbours.

You and your family can be made to leave your home. We don’t want this to happen and will provide you with support and advice to help prevent this. If you don’t correct your breach of tenancy we will take you to court, through the following stages:

• we deliver a legal 'Notice' to you and certain other members of your household who are 16 and over. This gives reasons for taking action against you, and a date when we can start taking action to go to court
• if we decide to take court action, the court will write to you giving a date for the hearing
• at the hearing, the court may allow you to put your side of the case. They will decide whether you have to leave your home.

Changing tenancy terms

We can only vary the terms of the Tenancy Agreement in consultation with you and all other tenants affected.

Staying in my home

Tenants of Scottish Secure Tenancies have full security of tenure. They have the right to stay in the home for as long as they wish. This is providing they don’t breach the terms of the tenancy. Partners or relatives may be eligible to take over the tenancy when the tenant dies. For Short Scottish Secure Tenancies, tenants have security for the period of the tenancy.

My rights

You have contractual and statutory rights. Your contractual rights are set out in your Tenancy Agreement. Your statutory rights are laid down by Acts of Parliament.

The Tenancy Agreement is the legal document that you sign at the beginning of your tenancy. It gives the details of the contract between you and North Ayrshire Council. This section is only a summary.

By signing it you agree to abide by the Conditions of Tenancy. These are the rights and responsibilities that both you and the council must observe.

Our main responsibilities

• Consult you on any proposed changes to the tenancy.
• Keep your home wind and watertight and in good repair.
• Keep all pipes, drains, gutters and installations for heating, water, gas or electricity supply in working order.
• Provide you with information about our complaints procedure, and our policies on rent setting, allocations, exchanges and repairs if you ask for it.

Our rights

• Change your rent or other charges provided we have carried out consultation and taken tenants views into account. We must tell you the new charge at least four weeks before it is due.
• Be let into your home to carry out inspections or repairs, or to service appliances. We must give you at least 24 hours’ notice.

Your main responsibilities

• Pay the rent and other charges on time.
• Keep your garden tidy.
• Take care of the property, keep the inside properly decorated and carry out any repairs you are responsible for.
• Ensure that everyone in your household and your visitors behave responsibly. They must not cause nuisance to neighbours, or harass or threaten other people, including our staff.
• Ensure that you are not overcrowding the property.
• Let us know in writing at least four weeks before you intend to leave.
• Write to us asking permission if you want to carry out any alterations to your home.

Your rights

• Live peacefully in your home without being unnecessarily interrupted by us, your landlord.
• Appeal against decisions we make.
• Exercise your legal rights as a tenant.

Talk to a member of staff about a complaint. In most cases problems are resolved quickly and efficiently. If the matter is not resolved, follow the council's formal complaints procedure.

Some tenants may have a Short Scottish Secure Tenancy. This type of tenancy lasts for a specified period (at least six months). It can be terminated as soon as it reaches its end. Certain tenants have Short Scottish Secure Tenancies because of their circumstances.

Tenants with a Short Scottish Secure Tenancies:

• only have 'security of tenure' (the right to live in the house) for the period of the tenancy
• don’t have certain statutory rights like sub-letting the home, or on death, for a member of their family to take over the tenancy

We can grant a Short Scottish Secure Tenancy where there has been a history of anti-social conduct. This may be:

• on the part of the tenant
• on the part of a member of their household
• where the council is allowed to grant a temporary let

We can grant a temporary let to someone who is homeless, or to new council tenants, on a trial basis.