Request it

In order to rent a piece of land from the Council you will need to contact us by letter or email to submit your request. 

We will need to know:

• Where the piece of land is that you are requesting to rent.
• What purpose you intend to use the land for.

You need to know:

• Once the request is received, this will be passed to the relevant Neighbourhood Officer to look into this.
• There will be an admin charge/legal fee the legal agreement to be drawn up which is to be paid in advance if we agree to your request. This amount is dependent on the size of the plot you wish to rent.
• We will draw up the legal agreement once the payment has been received and not before.
• We will request that you pay the annual charge before the agreement can be sent to you for you to sign.
• Any land rented from the Council is to be paid annually, we cannot accept part payments or make an arrangement.
• The rental cost can be increased as per the terms of the signed agreement.
• All rental increases go through full Council to be agreed.

It is therefore important to ensure that you can meet the current and ongoing costs of renting land. 

What you need to know:

• Once a valid notice is served we are unable to retract the notice.
• We would encourage you to seek independent legal advice.

We ask for the following information:

• Your name and address.
• Why you originally gave notice to end the tenancy.
• Why have you have changed your mind about ending the tenancy.

Once your Notice period expires the Council must house you in accordance with its Allocations Policy and we may only be able to grant a new tenancy if one of the limited exemptions as set out in that policy applies. If an exemption does not apply, you will need to apply to Devon Home Choice and/or Homelessness if you wish to be added to the waiting list for housing and homelessness accommodation.

If you are planning to leave your home for more than 28 days, you must inform the Council, you request must be:

• In writing.
• Bear your signature.
• The date you intend to leave.
• The date you intend to return.
• Contact details for you whilst you are away.
• Contact details for someone the Council can contact in the event of an emergency who will act on your behalf.
• If someone is looking after the property.
• How you will keep this secure if no one staying at the property.

As per your tenancy agreement section 3.13 you must advise us if you intend to be away from your property for more than 28 days.  If you do not inform us that you will be away, we may treat this as you parting with possession of the property and take action to repossess the property.

We will request the following information:

• Sight of the original marriage certificate, which you can take a photo of and send in via email to htenancy@middevon.gov.uk

When we have received this we will update our records to your new married name.

Depending on what type of tenancy you hold with Mid Devon District Council will depend on whether you have a legal right to request permission to make improvements to the property.  In order to consider any improvement request you will need to tell us:

• Your name and address.
• The type of tenancy you hold with us.
• What improvement you would like to make.

If you hold an introductory tenancy you do not have the right to make alterations or improvements to the property during the first 12 months of the tenancy.  You can decorate, erect curtain poles and lay carpet and you do not need consent to do this.    

The Council can use their discretion and allow certain types of permissions which are considered health and safety risks.  Examples include, putting up a fence to keep children safe, erecting a shed to store items, install a shower where there is a medical need to do so.

Any request need to be put in writing with plans and confirmation of why the request is considered to be health and safety concern.

If you make any improvements or alterations without consent we can take enforcement action for you to change this back at your cost. 

If you hold a flexible tenancy you do not have the right to make alterations or improvements to the property.  You can decorate, erect curtain poles and lay carpet and you do not need consent to do this.    

The Council can use their discretion and allow certain types of permissions which are considered health and safety risks.  Examples include, putting up a fence to keep children safe, erecting a shed to store items, install a shower where there is a medical need to do so.

Any request need to be put in writing with plans and confirmation of why the request is considered to be health and safety concern.

If you make any improvements or alterations without consent we can take enforcement action for you to change this back at your cost. 

If you hold a secure tenancy all requests need to be put in writing with plans. 

Once the relevant information has been received, this will be passed to the relevant Neighbourhood Officer to action. 

No improvements or alterations should be carried out unless you have received written consent to do this by Mid Devon District Council. 

If you make any improvements or alterations without consent we can take enforcement action for you to change this back at your cost. Most alterations will need to be returned to Council standard at the end of your tenancy. Failure to return to standard at the end of a tenancy is likely to lead to a recharge to you.

We offer a Handyperson Service you may wish to contact them for a quotation for works, once you have consent to carry out this work by Mid Devon District Councils Housing Service.

Please see the MDH Tenant Compensation Policy

We will ask for the following information:

• Your name and address.
• The type of improvement.
• When the improvement was carried out.
• Are you vacating the property, if yes, when does the tenancy end.
• Do you have receipts for the works carried out.
• Did you obtain permission form the Council for the works, do you still have a copy of this.
• What type of tenancy do you hold.

Secure tenants may have a statutory right to claim compensation from the Council for certain kinds of Improvements.  Please note that Flexible and Introductory tenants have no right to compensation.

The information you give us will be passed to your Neighbourhood Officer to action and respond to your directly. 

Requests to run a business from home will be considered, we have to take into account the impact the business may have on other residents to include parking, anti-social behaviour, (noise nuisance), that running a business from home may cause.  You must submit your request in writing with the following details: 

• Your name and address.
• The type of business.
• Where you plan to operate the business e.g. in the main house, outhouse.
• Do you need to install any equipment, if so what.
• Have you got Public Liability Insurance? Please provide a copy to us.
• Does your house insurance cover working from home.
• Will the business increase foot fall/increase traffic to the property.
• Will anyone be employed, if yes how many people.

Are you or the people that will be working for you claiming benefits? The above information will be passed to your Neighbourhood Officer for consideration who will respond to you directly. 

In some cases the Council may refuse permission if it has reason to believe the business will disturb your neighbours, or damage your home. It may also refuse permission if it thinks that running a business will result in a material change of use of the property.

You can find some further advice/guidance on running a business from home at: https://www.gov.uk/run-business-from-home 

Please note do not commence working from home until consent has been received in writing from Mid Devon District Council’s Housing Service.

In order for us to consider your request you will need to provide the following information in writing:

• The name and address of the current sole tenant.
• The type of tenancy you hold with us.
• The name, Date of Birth and National Insurance of person you wish to create a joint tenancy with.
• The relationship to the sole tenant.
• Evidence that person wanting to be added to the tenancy has lived at the property for the past 12 months, you will need to supply this. Evidence required would be a Council Tax bill in joint names, utility bills addressed to the property where you wish the joint tenancy to be created, bank statements, DWP letter if applicable.
• Any legal advice you have sought in respect of the implications of creating a joint tenancy.   

This will be passed to the relevant Neighbourhood Officer to action. 

Please note it is important to obtain independent legal advice if considering creating a joint tenancy.  Only Secure joint tenants have a legal right to end the joint tenancy without requiring the other joint tenant to agree to this. 

We will need the following information in writing:

• Your name and address.
• The reason for request.
• Are all joint tenants in agreement with the request.
• Evidence in writing from the joint tenants wishing to end their joint tenancy and reasons for wishing to end the tenancy.
• A notice signed by all parties to the tenancy, (see terminating your tenancy FAQ’s).
• The person vacating the property, must state in their notice that they have left the property and they have taken all their personal belongings and do not wish to return to the tenancy. Complete Notice to Quit form on our website or request one from htenancy@middevon.gov.uk
• The person remaining at the property must state in writing that they request a sole tenancy in their sole name and the reason for this. This information will be passed to the relevant Neighbourhood Officer to action.

Please note it is important to obtain independent legal advice if considering ending a joint tenancy.  When a notice is received there is no guarantee that the sole tenant can remain at the property as this is based on their housing need. 

In the event of a tenant’s death where a household member remains at the property, the Neighbourhood Officer deals with each case on an individual basis.

We take the following information into account when making a decision:

• Are there any succession rights for any remaining household member.
• How long household members have lived at the property.
• What relationship the household members were to the tenant.
• Are the remaining household members eligible for social housing.
• Are the household members registered on Devon Home Choice.
• What the household members housing need is.
• Has the property been adapted.
• Do the remaining household require an adapted property.
• Who else lives at the property.
• Are there any vulnerabilities.
• The property size.

You will work with the Neighbourhood Officer to establish your eligibility to social housing, property type and size.  We would encourage household members to apply on Devon Home Choice, https://www.devonhomechoice.com/ so your individual needs can be considered at the earliest opportunity. 

In order to give you a copy of your tenancy agreement you can contact us by phone and request this. 

We will need to:

• Go through some security questions with you.
• We need to know your name and address.
• The reason for the request.
• Where your original tenancy is.

We can normally post out a copy to you within 24/48 hours.  We cannot send requests via email as the document is too large. 

You cannot take in a lodger before writing in for formal consent from Mid Devon District Council’s Housing Service. 

We will consider the following information before consenting or denying your request:

• The type of tenancy you hold, (Introductory Tenants will not be granted consent for a lodger).
• The length of the tenancy.
• How your tenancy has been conducted.
• Any debt with the Council.
• Any Anti-Social Behaviour.
• If you are under a court order.
• Whether the property will become overcrowded.

What we will ask for:

• Your name and address.
• Obtain name and DOB of lodger
• Whether you are in receipt of Benefits, Council Tax Relief, sole occupancy discount for Council Tax or Universal Credit, (It is your responsibility to report changes to benefits).
• The full name, date of birth, National Insurance number, the last known address of the person you would like to take in as a lodger.

Ultimately you need to be aware that the behaviour, conduct, payment of lodging fees or if you decide to ask them to vacate the property if you no longer wish them to live with you will be your responsibility.  Any agreement you make with your lodger is your responsibility to uphold and maintain.  This includes making sure they comply with the terms and conditions of the tenancy agreement you hold with Mid Devon District Council.

Secure and Flexible tenants are permitted to sublet part of the property with written consent, you are not permitted to sublet the whole of the property.  Introductory tenants are not permitted to sublet in any form.  In order to obtain consent to do this you need to put this in writing, bearing your signature.

We will need to know:

• Your name and address.
• The type of tenancy you hold with us.

If permission is granted, the tenant is responsible for the behaviour of any sub-tenant, this includes making sure they comply with the terms and conditions of the tenancy.

It is advisable to take up home contents insurance to protect against internal/external damage which can cover personal possessions to include items you may store in a shed or outhouse. 

• The Council provides cover for the structure of the building and any fixtures and fittings that belong to them, however it is up to the tenant to obtain contents insurance.
• We strongly recommend that you take out your own contents insurance for their personal belongings, carpets and decorations.
• There are various insurance companies around, therefore shop around for the best deal.

An assignment can only take place where permitted by law as follows:

• An assignment by way of exchange (mutual exchange).
• An assignment in pursuance of a court order made under family provision.
• As assignment to a person qualified to succeed to a secure or flexible tenancy.

If the tenancy is Introductory, the tenancy must not be assigned except where permitted by law as follows:

• An assignment in pursuance of a court order made under family provision.
• As assignment to a person qualified to succeed to a secure or flexible tenancy.

We will require the following information in writing if assignment is in pursuance of a court order or a person is qualified to succeed to a secure or flexible tenancy:

• Your name and address.
• Sight of any court orders where applicable.
• Details of any person qualified to succeed.
• The relationship to tenant.
• What type of tenancy you hold with us.
• When your tenancy commenced.

If carrying out a mutual exchange our Allocations Team manage this process.  If doing an Assignment by court order or for a qualifying assignee then your Neighbourhood Officer will assist you with this.