Landlord ends a secure tenancy
When conditions of a secure tenancy are no longer met or when the landlord starts possession proceedings.
Demotion
Social landlords can ask the court to 'demote' a secure tenancy to a 12-month demoted tenancy as an alternative to seeking possession in antisocial behaviour cases.[1]
If during the probationary year the landlord has cause for complaint about the tenant's behaviour (including non-payment of rent), the tenancy can be terminated without the landlord needing to prove any grounds for possession.
Possession proceedings
To get possession of a property let on a secure tenancy, a landlord must:[2]
serve a valid notice of seeking possession
apply to court for a possession order using one or more of the grounds for possession of secure tenancies
The landlord should comply with the requirements of the Pre-action Protocol for Possession Cases by Social Landlords before pursuing possession proceedings for rent arrears or on mandatory grounds.
Flexible/fixed-term secure tenancies
There are special requirements and prescribed forms for the notice that a landlord must serve to end a flexible/fixed-term tenancy.
Subletting the whole property
If a secure tenant sublets or parts with possession of the whole of the premises, the secure tenancy ends and security cannot be regained.[3] Subletting a social tenancy without permission is an offence. See Unauthorised subletting of social housing for details.
The contractual tenancy remains. It can be brought to an end by the landlord serving a valid notice to quit and obtaining a court order.
Last updated: 16 March 2021