Local authority flexible tenancies

From 1 April 2012, a local authority landlord has been able to grant 'flexible' tenancies, rather than periodic secure tenancies.[1] The authority must adopt a tenancy strategy or interim policy to allow for it.

A flexible tenancy is a form of secure tenancy that is granted for a fixed term of a minimum two years. In most cases it should be granted for a minimum term of five years.[2]

Most of the information relating to secure tenancies will apply equally to flexible tenancies. For example, the landlord and tenant conditions for creating a secure tenancy must be equally satisfied when creating a flexible tenancy. See Definition of secure tenancies for more details on the conditions.

Tenancies that cannot be secure equally cannot be flexible.

The landlord and tenant conditions for creating a secure tenancy must both be satisfied when creating a flexible tenancy.

Local authorities can grant flexible tenancies after they have adopted a tenancy strategy or interim policies that allow for it. It is up to each local authority to decide whether it will grant flexible tenancies and, if so, in what circumstances.

The local authority landlord must serve prior written notice on the prospective tenant that their tenancy will be a flexible tenancy of a minimum fixed term.[3]

If the local authority grants introductory tenancies to new tenants, it must notify the prospective tenant that on expiry of the trial period, their introductory tenancy will become a flexible tenancy.[4]

In specific circumstances a local authority can let a flexible tenancy at an affordable rent, ie a rent of up to 80 per cent of the market rent.

A prospective flexible tenant can request a review of the length of the term offered when it does not reflect the local authority's policy on the length of the fixed-term flexible tenancies it will grant.[5]

The request must be made in writing and within 21 days of the offer of the tenancy, unless the local authority landlord agrees to a longer period in writing. Regulations set out the procedure to be followed on review.[6]

There is no right to appeal a decision on review. Further, there is no right to request a review of the decision to offer a flexible tenancy rather than a periodic secure tenancy.

Any legal challenge in either of these circumstances will have to be made by way of judicial review and/or by making a complaint to the Ombudsman.

A flexible tenancy must be granted for a minimum term of two years.[7] However, the Government has issued statutory Directions to the Regulator of Social Housing which set out that a flexible tenancy ought to be granted for a minimum term of five years, except in 'exceptional circumstances' when they can be granted for a minimum of two years.[8]

The requirement that a tenancy with a fixed term of three years or more must be made by deed does not apply to flexible tenancies.[9]