Secure council tenancies

Most council tenants are secure tenants with strong rights. 

A secure tenancy is usually a lifetime tenancy. 

Some new council tenants get an introductory tenancy. This usually becomes a secure tenancy after the first year.

The council may offer you a fixed term tenancy called a flexible tenancy. This is  a type of secure tenancy that lasts for a fixed term.

Your tenancy agreement

The council gives you a written tenancy agreement. 

This tells you:

• the type of tenancy you have

• your rights and responsibilities

Many councils provide a tenant's handbook. This has more information 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. You must get at least 4 weeks' written notice of a rent increase.

If you need help to pay the rent, you can claim universal credit.

Responsibility for repairs

The council is responsible for:

• most repairs in your home

• dealing with damp and mould

• gas safety checks each year

You are usually responsible for internal decoration and paying for any damage you cause. 

Home improvements

You must get written permission if you want to make improvements to a council home.

The council cannot refuse certain improvements without a good reason.

Renting out a spare room 

You have the right to rent out a spare room to a lodger. 

Some tenants do this because of the bedroom tax.

Renting out a room could affect your benefits in other ways.

Moving home

If you want to move to a different council or housing association home you could:

• get a transfer to another property 

• swap homes with another tenant

Staying away from your home

You have to live in the property as your main home.

You can go away for a short time. For example, if you:

• go on holiday

• visit or stay with family

• work away during the week

You might need to be away for a longer period. For example, if you:

• go to prison

• spend time in hospital

• leave because of domestic abuse

You must plan to return and make sure the rent is paid while you're away.

Check the universal credit rules when away from home.

Ask someone you trust to check your post if you're away for more than a month.

If your housing association think you moved out, they could give a notice to end the tenancy.

Subletting your home

It's against the law to rent for you to rent out the whole of your home.

You lose your secure status permanently if you move out and sublet your home. This applies even if you later move back in. The council could end your tenancy very easily and anyone living there will be evicted.

Find out about unlawful subletting from Citizens Advice.

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 do not have to. If the council agrees that your tenancy can end early, get their agreement in writing. 

Think carefully before you give up a council tenancy. It can be difficult to get another council tenancy.

Eviction 

You have the right to live in your home as long as you do not break the rules of your tenancy.  

You can only be evicted in certain situations. For example, if you:

• have rent arrears

• cause nuisance to neighbours

• use the property for illegal activities

• move out of your home or rent it to someone else

The council must give you notice and apply to court. The court usually decides if it's reasonable to evict you.

Passing your tenancy on if you die

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 is not, you could still be held responsible for paying the rent and the new tenant could be evicted.

Buying your council home

If you have been a council tenant for at least 3 years, you can probably qualify for the right to buy scheme.

Complaints

Find out how to complain to the council or an ombudsman.

You can complain to an ombudsman if you're not happy with how the council deals with your complaint.