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Wednesday, 3 October 2023

Starter tenancies – new housing association tenants

If you rent a housing association property for the first time, you may have a trial tenancy (known as a ‘starter tenancy’). As a starter tenant you’ll have certain rights and responsibilities. Find out what these are, what happens after the trial period and how to complain about your housing association.

Starter tenancies – what are they?

If you’re a new housing association tenant you may be offered a starter tenancy – normally lasting 12 months. This is so you can prove you’re a responsible tenant before the housing association offers you an assured tenancy. Assured tenants have more rights, for example, sometimes they can buy their home after a certain amount of time at a discount.

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 starter tenancy can be ended easily if you break these rules. Your housing association should explain the tenancy in detail before you sign it.

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

Becoming an assured tenant

You will usually become an assured tenant 12 months from the date your starter tenancy began.

However, if the housing association thinks that you have broken the conditions of your tenancy agreement they may extend your starter tenancy. Your housing association can also start action to evict you.

Your responsibilities as a starter tenant

Your housing association 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

Sharing responsibility – ‘joint tenants’

Joint tenants ‘share’ the same tenancy agreement and responsibility for things like paying the rent on time. They are normally offered to married couples and cohabiting partners (people in a relationship who live together). Contact your housing association if you want to apply for a joint tenancy.

Your rights as a starter tenant

Your landlord has to:

  • maintain the structure and exterior of your home
  • make sure things like gas and electricity appliances or sinks and toilets are in good working order

For more information about repairs and improvements (for example, damp, looking after communal areas and decorating) see the link ‘Repairs and housing association homes'.

Rent disputes and rent increases

Usually:

  • your rent can’t be increased during your starter tenancy unless you agree to it
  • you should be given four weeks' written notice about any proposed increase

If you think the rent increase is unfair, you may be able to appeal to an independent Rent Assessment Committee. Independent means it has no connection with your housing association. You must appeal before the new rent is due to start.

Eviction – can the housing association evict you?

If you break any of the conditions of your tenancy agreement, you may be evicted. Eviction means the tenancy is ended and you have to leave your home.

Starter tenants can be evicted more easily than assured tenants. However, you can’t be evicted unless your housing association gets permission from the court and they follow certain legal steps.

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 housing association tenants’.

If you want to move during your starter tenancy

If you want to move, get advice about your housing options. If you move into a council property, you’ll have a different type of tenancy called an ‘introductory tenancy’.

Any time already spent as a starter 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 a starter/introductory tenant in your new home.

Usually you have to wait until you become an assured tenant before you can swap your home with another housing association/council tenant.

Ending your tenancy

Your tenancy can only be ended if:

  • you give the housing association four weeks’ notice in writing
  • the housing association evicts you

Standards and housing associations

There are rules housing associations have to follow to make sure tenants can:

  • get involved in how their housing is run
  • ‘have their say’ about the services they receive – for example, how and when repairs are carried out

Complaints about your housing association

Try to resolve any issues with the housing association directly – they should have a formal complaints procedure.

If you have tried their formal complaints procedure and are still not happy, you can send your complaint to the Housing Ombudsman Service. They will look at your complaint and make a final decision (you can’t appeal against a Housing Ombudsman Service decision).

Where to get tenancy help and advice

If you have a problem (for example, with repairs or anti-social behaviour) contact your housing association or tenant organisation.

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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