Most council tenants are secure tenants. Secure tenants have strong rights and can only be evicted in certain situations.
What is a secure tenancy?
Most council tenants are secure tenants. A secure tenancy is a lifetime tenancy.
The council may offer you a fixed-term tenancy called a flexible tenancy. This is a type of secure tenancy that lasts for a specified period.
You won't be a secure tenant if:
- you are a new tenant and have an introductory tenancy
- you have been placed in temporary accommodation following a homeless application
- your tenancy has been demoted because of antisocial behaviour
The council gives you a written tenancy agreement. The tenancy agreement tells you the type of tenancy you have and explains your rights and responsibilities.
Many councils provide a tenant's handbook. This should explain all you need to know about your tenancy.
Rent and rent increases
Your tenancy agreement sets out how much the rent is and when it should be paid.
Rent increases usually happen in April. The council must give you at least 4 weeks' written notice of a rent increase.
From April 2016 councils must reduce the rent of most council tenants by 1% each year until April 2020.
Responsibility for repairs
You are usually responsible for internal decoration and paying for any damage you cause.
The council's responsibility for repairs includes any problems with the roof, guttering, windows, external doors and brickwork.
You must get written permission from the council if you want to make improvements to a council home.
The council can't refuse certain improvements without a good reason.
Taking in a lodger
You have the right to take in a lodger (someone who rents a room in your home).
You don't need the council's permission, but you may have to tell the council if your tenancy agreement says you should.
It can affect how much housing benefit or universal credit you get if take in a lodger or subtenant.
Subletting your home
It is a criminal offence to rent out the whole of your home to someone else if you are a council tenant.
If you move out and sublet your home, you will lose your secure status permanently. This applies even if you later move back in. The council could end your tenancy very easily and anyone living there will be evicted.
Ending your tenancy
You must give the council at least 28 days' notice in writing if you want to end your tenancy. Ask your council if they have an example of a tenant's notice that you can use.
Your notice must end on the first or last day of your rental period, unless your tenancy agreement says different.
The council might accept a shorter notice period but they don't have to. If the council agrees that your tenancy can end early, get their agreement in writing.
Make sure you consider your options before you give up a council tenancy. It can be difficult to get another council tenancy.
You have the right to live in your home as long as you don't break the rules of your tenancy.
You can only be evicted in certain situations.
You can be evicted if you:
- don't pay the rent
- cause nuisance to neighbours
- use the property for illegal activities such as drug dealing
- move out of your home or rent it to someone else
For you to be evicted, the council must follow the eviction procedure for secure council tenants. The council must get a court order for you to be evicted.
If a council tenant dies
If you are a joint tenant, the council tenancy automatically passes to the other joint tenant if one of you dies.
If you are the only tenant, there are rules about who can inherit the tenancy if you die.The legal process for this is called succession. It can only happen once unless your tenancy agreement allows for a second succession.
During your lifetime, you can choose to sign your tenancy over to someone who would inherit it if you died. The legal process for this is called assignment. The correct process must be followed. If it's not, you could still be held responsible for paying the rent and the new tenant could be evicted.
If you want to move to a different council or housing association home you may be able to:
Buying your council home
If you have been a council tenant for at least three years, you can probably buy your council home at a discount under the right to buy scheme.
Use the council's complaints procedure if you feel that the council isn't treating you fairly or has failed to fulfil its responsibilities.
Still need help?
Secure tenants have strong rights. Speak to a housing adviser if you need more advice:
Last updated 05 Apr 2018 | © Shelter
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