Local authority flexible tenancies

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.[1]

A local authority landlord can grant a flexible tenancy for a fixed term, rather than a periodic secure tenancy.[2]

Local authorities have been able to grant flexible tenancies since 1 April 2012. The authority must adopt a tenancy strategy or interim policy to be able to grant a flexible tenancy.

Most of the information relating to secure tenancies applies to flexible tenancies. For example, the landlord and tenant conditions for creating a secure tenancy must be equally satisfied when creating a flexible tenancy.

Find out more about the landlord and tenant conditions and the definition of secure tenancies on Shelter Legal.

A tenancy which cannot be secure can also not be a flexible tenancy. Find out more about tenancies that cannot be secure on Shelter Legal.

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.

There is also 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 or by making a complaint to the Ombudsman.

A flexible tenancy must be granted for a minimum term of two years.[7]

Government statutory Directions to the Regulator of Social Housing state a flexible tenancy should be granted for a minimum term of five years, except in exceptional circumstances when a flexible tenancy 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]

A flexible tenancy can end when the tenant serves notice or the local authority obtains possession.

When the fixed term of the flexible tenancy ends, the tenancy becomes a periodic secure tenancy unless:[10]

• the tenant serves notice

• the local authority applies for possession

• the tenant accepts a new tenancy

Tenant serves notice to end the tenancy

A tenant can serve notice to end a flexible tenancy.[11]

The tenant must give at least four weeks' notice in writing and not be in arrears or in breach of the tenancy.

Find out more about a tenant ending a flexible tenancy on Shelter Legal.

Local authority applies for possession

A local authority can serve a notice of non renewal on a flexible tenant, and then serve a notice seeking possession.

The notice of non renewal must be in writing, give at least six months' notice and set out the reasons for non renewal.[12] The notice of non renewal can be served at any point before the tenancy ends.

A local authority can also serve notice on grounds during the fixed term.

Find out more about a flexible tenancy notice of seeking possession on Shelter Legal.

Local authority offers the tenant a new tenancy

A local authority can offer a new tenancy to a flexible tenant at the end of their fixed term. This could be another flexible tenancy or a new secure tenancy.

If no new tenancy is agreed

The tenancy automatically becomes a periodic secure tenancy when the fixed term ends if no new tenancy is agreed.[13]

A local authority can serve a notice seeking possession on the tenant once the tenancy is periodic, but the authority must either:

• have served a notice of non renewal before the fixed term ended

• serve a notice seeking possession on secure tenancy grounds

A local authority which plans to offer a new flexible tenancy but has not served a notice of non renewal before the fixed term ends risks the tenant becoming a periodic secure tenant at the end of the fixed term.

A tenant in this position could refuse to sign a new fixed term flexible tenancy if their landlord has not served a notice of non renewal before offering the new flexible tenancy. They automatically become a periodic secure tenant when their fixed term expires.

Find out more about notices of non renewal and flexible tenancy notice of seeking possession on Shelter Legal.