Assured shorthold tenancies with housing associations

Some tenants have assured shorthold tenancies with a fixed term of up to 10 years.

Some new tenants have starter tenancies. These are also assured shorthold tenancies but they might not have a fixed term and can be ended easily.

Most housing association tenants have assured tenancies. These are usually lifetime tenancies with no end date.

Rent

Your tenancy agreement should set out how much your rent is and when to pay.

You can usually claim universal credit to help with rent if you're on a low income.

You could also get a discretionary housing payment (DHP) from the council if you cannot afford your rent.

Tell your housing association if you're struggling with rent or service charges. They must try and help you sort things out before taking eviction action for rent arrears.

Repairs

Report problems quickly if your home needs repairs. 

The housing association is responsible for most repairs.

Your tenancy agreement may say what repairs you are responsible for. This usually includes internal decoration and putting right any damage you cause.

Swapping homes 

You may be able to swap your home with another council or housing association tenant if you have an assured shorthold tenancy with a fixed term of at least 2 years. 

This is called a mutual exchange. You need the landlord's written permission.

You cannot usually do this with a starter tenancy or a demoted tenancy. 

Eviction from a housing association tenancy

Your housing association must:

• give you notice

• get a court order to say you must leave

• apply for bailiffs to evict you if you do not move out

Fixed term tenancies

The housing association needs a legal reason to evict you before the end of the term.

This is called a ground for possession. The housing association must prove it at a court hearing.

Depending on the grounds, the court can sometimes stop or suspend an eviction if it's not reasonable.

Starter tenancies and demoted tenancies

The court cannot usually stop an eviction if the housing association follows the correct procedure to end a starter tenancy or demoted tenancy.

What happens to your tenancy if you die

Joint tenancies always pass to the other tenant named on the agreement.

If the tenancy is in your name only

Your tenancy can usually pass to a partner who you live with. It must be their main home.

If you do not have a partner living with you, the tenancy agreement might say it can pass to a close relative living in your home. Check your agreement. 

When a tenancy is passed on in this way it's called a 'succession'.

These rights do not apply to a fixed term tenancy of less than 2 years.

Read more about succession rights in a housing association tenancy.

If nobody has the right to succeed to the tenancy

The tenancy will pass on:

• in line with your will

• to your next of kin if you do not make a will

The person who inherits the tenancy may not be able to keep it.

The housing association can use a special ground to end the tenancy when it passes on in this way.

Complaints about the housing association

Use your housing association's official complaints procedure first. 

Complain to the housing ombudsman if you're unhappy with the response.