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Secure tenancies – the basics

Usually you become a secure tenant after successfully completing an introductory tenancy. An introductory tenancy is like a ‘trial’ period to prove you’re a responsible tenant before the council offers you a secure tenancy.

If you’re a secure tenant you have strong rights. For example, you can usually live in your home for the rest of your life as long as you don’t break the conditions of your tenancy. Tenancy conditions are ‘rules’ about living in the property – like paying the rent on time.

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

• Tenancy checker - Shelter Opens new window

• Find your local council Opens new window

Your responsibilities as a secure tenant

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 – eg drug dealing
  
• to let workmen into your property to carry out repairs

Joint tenancies

These are normally offered to married couples and cohabiting partners (people in a relationship who live together). If you’re joint tenants, you are both responsible for things like paying the rent on time.

• Anti-social behaviour

• Joint tenancy agreements - council housing

• Paying rent, bills and insurance - council and housing association tenants

Your rights as a secure tenant

Your rights include:

• to rent out a room(s) - you don’t need the council’s permission, however, you can’t sub-let the whole of the property
  
• to live in your home for the rest of your life – unless the council needs to move you to another property, for example because of redevelopment
  
• to buy your home after a certain amount of time at a discount – this is called the ‘Right to Buy’
  
• to swap your home with another council or housing association tenant – you need your council’s permission first
  
• to transfer your tenancy to someone else in some circumstances – for example, 'pass on' your tenancy to your partner if you die
  
• to make improvements to your home – certain work needs your council's permission
  
• 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

• Swapping your council or housing association home for another property

• Transferring or taking over a tenancy - council tenants

• Buying your council home - the Right to Buy scheme

• Repairs and maintenance - council houses

'Demoted tenancies' - fewer rights if you cause problems

If you’re involved in anti-social behaviour your council may take action to ‘demote’ your tenancy. This means you lose certain rights for a period of time and can be evicted more easily if you continue to misbehave.

Anti-social behaviour includes:

• you or your visitors causing a nuisance to your neighbours
  
• using your home for anything illegal – for example, drug dealing
  
• vandalism and graffiti

How your rights are affected

Your council needs permission from a court to demote your tenancy. If the court grants your council a 'demotion order', you will lose some of your rights – for example:

• the Right to Buy scheme is suspended
  
• you can’t swap your home with another tenant

Demoted tenancies usually last 12 months. As long as you don’t break the conditions of your tenancy you should automatically become a secure tenant again after 12 months.

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 your tenancy has been ‘demoted’. However, you can’t be evicted unless your council gets permission from the court and there are certain legal steps they must follow.

To find out 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’.

• Eviction - a guide for council tenants

Ending your tenancy

Your tenancy can only be ended if:

• you give the council four weeks’ notice in writing
  
• you transfer your tenancy to someone else or swap homes
  
• the council needs to move you (for example, to redevelop your property) – it should offer you a different property and a new secure tenancy
  
• the council evicts you

If you want to move

You may be able to swap your home with another council or housing association tenant. This is known as a ‘mutual exchange’ and it can be quicker than asking your council to move you.

The rules on when a property is legally overcrowded are complicated. For more detail see the link ‘Apply for council housing’ or speak to your council.

• Swapping your council or housing association home for another property

• Apply for a council home

• Finding a place to live - your council and housing association options

Where to get tenancy help and advice

If you have a problem (for example, with repairs or anti-social behaviour) contact your council or a tenant organisation. Your council will be able to tell you if you have a tenant organisation 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.

• Find your local council Opens new window

• Find your nearest Citizens Advice or Shelter advice centre Opens new window

More useful links

• Home buying schemes

• Home and housing options (disabled people section)

• On a low income (money, tax and benefits section)