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Secure council tenancies
Where councils operate an introductory tenancy scheme you will automatically become a secure tenant after 12 months, provided you don't breach the conditions of your tenancy.
Your rights as a secure tenant
As a secure tenant you have the right , subject to meeting any applicable criteria or gaining the requisite approval to:
- live in your home for the rest of your life as long as you continue to comply with the requirements of your tenancy agreement
- buy your home at a discount, after a qualifying period
- pass on your home to someone in your family living with you when you die to succeed the tenancy, provided that you yourself, had not succeeded the tenancy(subject to certain conditions)
- take in lodgers and sub-let part of your home (although you should note that this may affect any housing benefits that you are receiving)
- have your home repaired (some repairs are the responsibility of the tenant while others are the responsibility of the council - contact your council for further information)
- carry out improvements to your home (subject to the written consent from your council)
- be compensated for certain improvements you have made if you move home
- help to manage your estate
- exchange your property for another one
- be consulted on housing management matters
- be given information about how your council runs the homes it owns
Your responsibilities as a secure tenant
As a secure tenant you have the following responsibilities:
- you must meet the requirements stated in your tenancy agreement
- you must pay your rent on time
- you must be a good neighbour and not cause a nuisance, annoyance or disturbance to other tenants
Other types of council tenancy
Most council tenants who live in self-contained accommodation are secure tenants. However, some people who rent from their local Council do not fall into this category. You do not have a secure tenancy if:
- your tenancy started less than a year ago and your Council operates an introductory tenancy. In this case you will be an introductory tenant. This is a trial or probationary tenancy and means you can be evicted more easily by your landlord
- you live in temporary accommodation that your council arranged because you were homeless. Although you do not have a council tenancy you should get priority on the waiting list for a tenancy. If you are offered a tenancy it will be either an introductory tenancy or a secure tenancy.
- you had a secure tenancy but it has been demoted because of antisocial behaviour. Here you will have a demoted tenancy for one year. This gives you similar rights to an introductory tenancy, so you can be evicted more easily if you breach the terms of your tenancy.
- you work for the Council and your home comes with your job. Here you are probably a service occupier and thus have very different rights to other tenants.
Tenancy agreement
Your council should give you a written tenancy agreement explaining the rights and responsibilities you have as a tenant. This document should tell you:
- what kind of tenancy you have
- what your rights and responsibilities are
- under what circumstances you could be evicted
- how repairs should be carried out
- how much rent you have to pay, when you have to pay it, and when it can be increased
Buying your property
Some councils also operate other schemes to help their tenants get on the property ladder. You may be able to buy a place through shared ownership, the government's HomeBuy scheme or a cash incentive scheme. Ask your council or an advice centre for information about what is available in your area.
Demoted tenancies
A demoted tenancy is a one year probationary council tenancy. Councils use demoted tenancies to take action against tenants who have been involved in anti-social behaviour.
You probably have a demoted tenancy if the court made an order to demote your secure tenancy, and less than a year has passed since then. The council should have sent you information about your rights and letters from the Court should confirm how long your tenancy has been demoted for. Check these, and if you're not sure whether your tenancy is still demoted, ask your council.
If you don't cause nuisance or break your tenancy agreement in other ways, you should automatically become a secure tenant again after 12 months.
Demoted tenants have some of the same rights as secure tenants however they can be evicted much more easily.
If you are a demoted tenant you have some of the same rights as a secure tenant, however you should be aware that:
- Your ability to utilise the right to buy scheme is suspended until your tenancy becomes secure again
- You don't normally have the right to take in lodgers or to sublet you home (if you are interested in doing so you should contact your council to discuss this further)
- You cannot transfer or exchange your home while your tenancy is demoted
Special rules apply to passing on demoted tenancies - contact your council to discuss.
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