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Wednesday, 3 October 2023

Assured tenancies – housing association tenants

Most tenants who have lived in a housing association property for 12 months or more are assured tenants. Assured tenants have certain rights and responsibilities. Find out what these are, how your tenancy can be ‘demoted’ or ended and where to get tenancy advice.

Assured tenancies – what are they?

You’re likely to be an assured tenant if:

  • your tenancy started after 15 January 2024
  • you’ve successfully completed a starter tenancy – this is like a trial period where you prove to the housing association you’re a responsible tenant

Assured tenants 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 live in temporary accommodation or supported housing, you might have an assured shorthold tenancy. This type of tenancy gives you fewer rights.

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

Your responsibilities as an assured tenant

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

As an assured tenant you must, for example:

  • pay the rent on time
  • keep the property in good condition
  • make sure that anyone living at or visiting the property doesn’t cause a nuisance to neighbours
  • not use the property for anything illegal – for example, drug dealing
  • 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 an assured tenant

These include:

  • live in your home for the rest of your life – unless the housing association needs to move you to another property (for example, because of redevelopment)
  • 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 Acquire’
  • swap your home with another council or housing association tenant, with the housing association’s permission

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

Rent disputes and rent increases

Most housing associations increase rents once a year. Your tenancy agreement should state when the rent can be increased.

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.

‘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 lose some of your rights. For example, the Right to Acquire scheme is suspended.

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

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. You can’t be evicted unless your housing association gets permission from the court and they follow certain legal steps.

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 housing association tenants’.

Ending your tenancy

Your tenancy can only be ended if you:

  • give the housing association four weeks’ notice in writing
  • transfer your tenancy to someone else or swap homes
  • the housing association needs to move you – eg to redevelop your property (it should offer you a different property and a new assured tenancy)
  • are evicted by your housing association

Standards and housing associations

You can set up or join a tenant organisation to help improve the area where you live

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

  • 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.

Additional links

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