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Wednesday, 3 October 2023

Introductory council tenancies – new council tenants

If you rent a property from a council for the first time, you may have a trial tenancy, known as an introductory tenancy. If you’re an introductory tenant you have certain rights and responsibilities. Find out what these are, when you can become a secure tenant and where to get tenancy advice.

Introductory tenancies – the basics

If you’re a new council tenant you may be offered an introductory tenancy – normally lasting 12 months. This is so you can prove that you’re a responsible tenant before the council offers you a secure tenancy. Secure tenants have more rights, for example, they can swap their home with another council or housing association tenant.

Your tenancy agreement is a legal document and states all the conditions (rules) about living in the property – like paying the rent on time. Your introductory tenancy can be ended easily if you break these rules. Your council’s housing department should explain the tenancy in detail before you sign it.

If you’re unsure what type of tenancy you have, contact your council or use Shelter’s tenancy checker.

When will you become a secure tenant?

You automatically become a secure tenant 12 months from the date your introductory tenancy started unless your council has either:

  • started action to evict you
  • extended your introductory tenancy for a further six months – for example, to give you the opportunity to prove you’re a responsible tenant

Your responsibilities as an introductory tenant

Your council can take action to evict you if you don’t pay your rent or repeatedly pay late

Your responsibilities include:

  • to pay the rent on time
  • to keep the property in good condition
  • to make sure that anyone living at, or visiting the property doesn’t cause a nuisance to neighbours
  • not to use the property for anything illegal – for example, drug dealing
  • to let workmen into your property to carry out repairs

Your rights as an introductory tenant

Your rights include:

  • to have your home repaired – most repairs are the responsibility of the council though you’re likely to be responsible for minor maintenance
  • to be kept up-to-date about things that affect you – like improvements to parts of a building you share with others

Limits on what you can do as an introductory tenant

You can’t, for example:

  • make improvements to the property – like painting the outside
  • rent out a room(s) without your council’s permission
  • sub-let the whole of the property
  • swap your property with another council tenant
  • apply for the ‘Right to Buy’ scheme – this lets tenants buy their property at a discount from their council

Eviction – can the council evict you?

If you break any of the conditions of your tenancy agreement, your council may take action to evict you. Eviction means the tenancy is ended and you have to leave your home. It’s easier for the council to evict you if you’re an introductory tenant. However, you can’t be evicted unless your council gets permission from the court and there are certain legal steps they must follow.

For more about the eviction process, your rights as a tenant and if you can stop or delay an eviction see the link ‘Eviction – a guide for council tenants’.

If you want to move during your introductory tenancy

If you want to move, speak to your council - demand for housing is high and you may have to wait a long time

You have to wait until you become a secure tenant before you can swap your home with another council or housing association tenant.

If you want to move, contact your council about your housing options. For example, your council may be able to arrange another council or housing association property for you. If you move into a housing association property, you’ll have a different type of tenancy called a ‘starter tenancy’.

Any time already spent as an introductory tenant should count towards your 12-month trial period. For example, if you move after ten months, you should only have to spend two more months as an introductory/starter tenant in your new home.

Ending your tenancy

Your tenancy can only be ended if:

  • you give the council four weeks’ notice in writing
  • the council evicts you

Where to get tenancy help and advice

If you have a problem (for example, with repairs or anti-social behaviour) contact your council or your tenants organisation. Your council will be able to tell you if you have one or you can look on notice boards around where you live.

You can get online, telephone and face-to-face advice about tenancy issues and your rights and responsibilities from organisations like Shelter and Citizens Advice.

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