Secure council tenants can only be evicted in certain situations. You can take in a lodger and may be able to pass on your tenancy, get a transfer, exchange your home or buy it at a discount. The council has to do most repairs and should consult you about how your home is managed.
It is important to remember that this information only applies to secure council tenants. You have very different rights if you have a different type of council tenancy.
Definition of a secure tenancy
Most council tenants who live in self-contained accommodation are secure tenants. However, some people who rent from the council are not:
- If your tenancy started less than a year ago you may be an introductory tenant. This is a trial tenancy and means you can be evicted more easily.
- If you live in temporary accommodation that the council arranged because you were homeless, you do not have a council tenancy but you should get priority on the waiting list. If you are offered a permanent council tenancy, it will be either an introductory tenancy or a secure tenancy.
- If you had a secure tenancy but it has been demoted because of antisocial behaviour, you will have a demoted tenancy for one year. This gives you similar rights to an introductory tenancy, so you can be evicted very easily.
- If you work for the council and your home comes with your job, you are probably a service occupier and have very different rights to other tenants.
The council should give you a written tenancy agreement explaining the rights and responsibilities you have as a tenant. It should say:
- what kind of tenancy you have
- what your rights and responsibilities are
- when you can be evicted
- how repairs should be carried out
- how much rent you have to pay, when you have to pay it and when it can be increased.
The council can't change the basic conditions of your tenancy without getting written agreement from you first, although they can increase the rent if they follow the correct procedure (see below).
Council eviction of secure tenants
You have the right to live in your home indefinitely, as long as the council doesn't start legal proceedings to evict you. The council can only evict you by following the correct procedure and getting a court order. They have to give you written notice and prove a legal reason why you should be evicted before they can get a court order. The most common reasons for eviction include:
- not paying the rent
- causing nuisance to neighbours
- using the property for illegal activities such as drug dealing
- moving out of your home or renting it to someone else.
If the council threatens to evict you for any reason, get advice immediately. Even if the bailiffs are due, it may still be possible to get the eviction stopped or delayed. An adviser can check whether you have broken the rules and may be able to help you put things right, for example, by claiming benefits or settling a disagreement with neighbours. Some advisers can also help you put together the legal arguments you will need for a defence. Use our directory to find an adviser in your area.
What are the rules on rent and rent increases?
Secure tenants' rents are usually lower than private landlords would charge for the same kind of property. Read your tenancy agreement to see what it says about how the rent should be paid. Your council will give you rent statements from time to time, showing how much rent was due and how much rent was paid.
There are also rules on when the rent can be increased. The council should give you written notice before they can put the rent up. If you pay your rent weekly, they should give you at least four weeks' notice. It's usually very difficult to challenge council rent increases, even if they seem unfair.
Your rent should always be your top financial priority as you could lose your home if you get into rent arrears. If you have a low income, you may be able to claim housing benefit to help with the cost. An adviser can check whether you're claiming everything you are entitled to.
Who is responsible for repairs?
The council should give you information about what repairs you are responsible for, which usually includes internal decoration and putting right any damage you cause. They are usually responsible for most other repairs, including any problems with the roof, guttering, windows, doors and brickwork. They also have to ensure that the plumbing, gas and electricity are working safely.
If you have a repair problem, report it to the council immediately. They should have a 24-hour service for emergencies and proper procedures for carrying out any work involved. If the repairs aren't carried out, or are done badly, get advice. It may be possible to force the council to do the work needed or get it done yourself and claim compensation for the cost. Be careful though - you have to follow the correct procedure. You should not stop paying the rent as you could risk being evicted.
If you want to make improvements to your home, you have to get written permission from the council first. They can't refuse certain improvements without a good reason. If you give up your home later on, you may be able to get compensation for money you have spent on improving it, up to a maximum of £3,000.
Lodgers or subletting in a secure tenancy
You automatically have the right to take in a lodger and can normally sublet part of your home (such as a bedroom) if you get written permission from the council first. The council can only refuse permission if it has a good reason - for example, if your home would become overcrowded if someone else moved in.
If you're thinking of letting someone move in, bear in mind that any benefits you're claiming may be reduced. This will be the case even if the person doesn't pay you any rent and usually applies even to members of your family.
If you move out you can lose your secure status and the council could end your tenancy very easily. It is possible to spend time living somewhere else though and still keep your tenancy. To do this you must be able to show that you are planning to return - for example, by leaving your personal belongings at home. If you need to spend time living elsewhere, get advice before you move out.
You are not allowed to rent the whole of your home to someone else, whether you intend to return or not. If you do this you could lose your home altogether and anyone living there will be evicted.
Succession to a secure tenancy
If you have a joint tenancy, the other joint tenant will automatically take over the tenancy when you die. But if you are the only tenant, there are rules about who the tenancy can be passed on to. The legal process is called succession and can only happen once, unless your tenancy agreement allows for more than one succession.
For tenancies that started before 1st April 2012, your tenancy can be passed on to your spouse or civil partner, as long as s/he has been living in your home at the time of your death. If you are not married or registered as a civil partner, your partner or another member of your family may be able to take over the tenancy instead, providing s/he has been living with you for at least one year.
If your tenancy began after 1st April 2012, family members – other than your spouse, civil partner or cohabitee – are no longer allowed to succeed, unless your tenancy agreement allows for this.
Assignment of a secure tenancy
This process is called assignment. Secure tenants can assign their tenancy to any person who would be eligible to take on the tenancy by succession (see above). This includes couples who aren't married or registered as civil partners. But if the correct process isn't followed, you could still be responsible for paying the rent and the person who stays on could be evicted. Use our directory to find a local adviser to help you check this.
Secure tenancies transfers or exchanges
It may be possible to get a transfer to another property owned by the council or a housing association. Most councils have a waiting list for tenants who want a transfer and can give you information about the rules. You are more likely to be offered a transfer if your home isn't suitable for you. Even if this is the case, you may have to wait a long time for somewhere suitable, especially if you need a large property.
Alternatively, you may be able to swap homes by mutual exchange with another tenant, possibly in another part of the country. You must both have permission from your landlords and the exchange must be arranged properly. Otherwise, you could both lose your homes.
The landlord can only withhold permission for certain reasons. It's essential to get advice about the paperwork and check whether you would have a different type of tenancy (which might give you fewer rights) after the exchange.
Buying your council home and other ownership schemes
If you have been a council tenant for at least five years, you can probably buy the home you currently rent at a discount under the right to buy scheme. There are some exceptions though - for example, it may not be possible if you live in sheltered housing where services are provided or your home has been adapted for special needs.
How much discount you get usually depends on:
- how long you've been a council tenant (including any time spent as an introductory tenant but not time spent as a demoted tenant)
- whether the property is a house or a flat
- the age and condition of the property
- the area of the country you live in.
Some councils also operate other schemes to help their tenants get on the property ladder. You may be able to buy a place through a HomeBuy or a cash incentive scheme. Ask the council or an advice centre for information about what is available in your area. Use our directory to find details of how and where to ask about buying your home.
Tenants involvement in management decisions
The council has to consult you about decisions that affect you. They should take your views into account when they make decisions about how your home is managed. This includes any decisions about whether your building (or estate) or all the council properties in your area should be sold to a housing association. You might be able to join a tenants' association or committee.
However, this doesn't necessarily mean that the council will always act on your wishes. Ask the council for more information about how you can get involved and how final decisions will be made.
Complaints about council homes and secure tenancies
If you feel that the council isn't treating you fairly or has failed to fulfil its responsibilities, you can complain using their official complaints procedure. If you're not happy with the response you get, you can complain further to the local government ombudsman. You can find out more about each of these options in the section on making a complaint.