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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.
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.
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 housing association can take action to evict you if you don’t pay your rent or repeatedly pay late
Your responsibilities include:
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 landlord has to:
For more information about repairs and improvements (for example, damp, looking after communal areas and decorating) see the link ‘Repairs and housing association homes'.
Usually:
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.
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, 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.
Your tenancy can only be ended if:
There are rules housing associations have to follow to make sure tenants can:
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).
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.