Flexible council tenancies

A flexible tenancy is a type of secure council tenancy.

It lasts for a fixed period of time.

The council can decide not to offer you another tenancy at the end of the fixed term.

You have the same rights as other secure tenants during the fixed term.

How long a flexible tenancy lasts

Flexible tenancies usually have a fixed term of 5 years or more. The council decides how long it should be.

The fixed term could be as short as 2 years if there is a good reason. For example, if you have a history of rent arrears or antisocial behaviour.

Your council should have a policy about how long flexible tenancies should be. Look on the council's website or ask them for their tenancy strategy.

You can ask for a review if they do not offer you a fixed term of the right length.

Eviction during the fixed term

You can only be evicted during the fixed term if your tenancy agreement says so. Your agreement might have a break clause or 'forfeiture clause'.

The council has to go to court before you have to leave.

They must get a possession order if they use a break clause. If they use a forfeiture clause, they must also get a 'termination order'. They can apply for both at the same time or apply for a termination order first.

The council needs a legal reason for eviction, for example:

• rent arrears

• antisocial behaviour

The council must follow the eviction process for secure tenants.

The court decides if it's fair to evict you. You get a chance to tell them why you should stay.

What happens when the fixed term ends?

At the end of your fixed term tenancy, the council can offer you either:

• another flexible fixed term tenancy

• a secure tenancy without a fixed term (sometimes called a lifetime tenancy)

They could also give you notice if they decide not to let you stay.

If the council decides not to renew your tenancy

The council must give you 2 written notices before your fixed term ends.

1.  A 6 month notice of non renewal, which tells you:

• the tenancy will not be renewed

• the reasons why

• that you have 21 days to request a review of the decision

2. A 2 month notice stating that the council requires possession.

The council can go to court to evict you if you do not leave when the notices end.

Can you pass a flexible tenancy on if you die?

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

If you are the only tenant, your tenancy could pass to:

• your partner if you live with them

• a family member if the agreement says this can happen

The tenancy must be their main home.

Your partner's 'succession rights' come first before other family members. This means they usually have the right to take over the tenancy if you die.

You may need to make a will

You should make a will if you're not married or civil partners.

If you do not make a will then the tenancy might pass to someone else. For example, an ex partner if you're not divorced or your child.

Find out how to write a will for free.