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Secure tenancies – what are they?

A secure tenancy is an older type of housing association tenancy no longer offered to newer residents. If you became a housing association tenant before 15 January 2024 and are still with the same housing association you’re likely to be a secure tenant – even if you have moved. If you’ve changed housing associations since 1989 you may not have a secure tenancy.

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

• Tenancy checker - Shelter Opens new window

Your responsibilities as a secure tenant

These 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 aren’t a nuisance to neighbours
  
• not to use the property for anything illegal – for example, drug dealing

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.

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

Your rights as a secure tenant

These include the right to:

• rent out a room(s) – you don’t need your housing association's permission, however, you can’t sub-let the whole of the property
  
• live in your home for the rest of your life – unless your housing association needs to move you to another property, for example because of redevelopment
  
• make improvements to your home – certain work needs your housing association’s permission
  
• have your home repaired – most repairs are the responsibility of your housing association though you’re likely to be responsible for minor maintenance
  
• sometimes buy your home after a certain amount of time at a discount – this is called the ‘Right to Buy’
  
• swap your home with another housing association/council tenant – you need your housing association’s permission first
  
• transfer your tenancy to someone else in some circumstances – speak to your housing association about this
  
• be kept up-to-date about things that affect you – like improvements to parts of a building you share with others

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

• Repairs and housing association homes Opens new window

• Swapping your council or housing association home for another property

• Transfers and exchanges - housing association homes Opens new window

• Buying your housing association home - the Right to Acquire scheme

‘Demoted tenancies’ – fewer rights if you cause problems

If you’re involved in anti-social behaviour your housing association may ‘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 something illegal – such as drug dealing
  
• vandalism and graffiti

How your rights are affected

Your housing association can’t demote your tenancy without getting permission from a court. If the court grants your housing association 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.

• Anti-social behaviour (crime and justice section)

Eviction – can your 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. 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’.

• Eviction - a guide for housing association tenants

Ending your tenancy

Your tenancy can only be ended if:

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

• Tenants organisations - getting involved in where you live

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).

• Housing Ombudsman Service

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. Your housing association 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.

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

More useful links

• Affordable home ownership schemes for newly built homes