Housing - In England

This information applies to England and Wales

Who is a public sector tenant

You are a public sector tenant if you are a tenant of:-

• a local authority. These are district councils and London borough councils; or
• a housing association (if the tenancy began before 15 January 1989); or
• a housing co-operative (if the tenancy began before 15 January 1989).

If you are a tenant of the above you will be a secure tenant. However, local authority tenants may be introductory tenants for the first 12 months. For more details on introductory tenants, see under heading Introductory tenants.

Housing association and housing co-operative tenants

Tenancy began before 15 January 1989

If you are a housing association or housing co-operative tenant and your tenancy began before 15 January 1989, you will be a secure tenant. For details about the rights a secure tenant has, see below.

Tenancy began on or after 15 January 1989

If you are a housing association or housing co-operative tenant and your tenancy began on or after 15 January 1989, you will be an assured tenant. For details about the rights an assure tenant has, see under heading Rights of assured tenants.

Back to top

Rights of secure tenants

As a secure tenant you have the right to stay in the accommodation unless your landlord can convince the court that there are special reasons to evict you, for example, you have rent arrears, damaged property or broken some other term of the agreement. For more details on eviction see under heading The right to stay in the accommodation.

As a secure tenant you can enforce your rights, for example, to get repairs done, without worrying about being evicted. As well as the right to stay in your home as long as you keep to the terms of the tenancy, you will also have other rights by law: These include the right:

• to have certain repairs carried out by your landlord
• to carry out certain repairs and to do improvements yourself - see under heading Repairs and improvements
• to sublet with your landlord’s permission
• to take in lodgers without your landlord’s permission
• to exchange the home with another secure tenant
• if you are a local authority tenant, to transfer to another landlord
• to know the rules on allocation, transfer and exchange
• to buy.

For more details on the right to buy see The right to buy.

• if you are a housing association tenant whose tenancy started before 15 January 1989, the right to a ‘fair rent’ - see under heading Fixing and increasing the rent
• for your spouse, civil partner, other partner or resident member of your family to take over the tenancy on your death (the right of ‘succession’)
• to assign (pass on) the tenancy to a person who has the right of ‘succession’ to the tenancy. This is sometimes difficult to enforce
• if you are a local authority tenant, to take over the management of the estate with other tenants by setting up a Tenant Management Organisation
• not to be treated unfairly by your landlord because of your race, sex, religion, sexuality or disability.

You will usually have a written tenancy agreement which may give you more rights than those set out above.

Complaints about secure tenancies

As a secure tenant you have the right to complain to an ombudsman about certain problems. If you are a local authority tenant this will be the local government ombudsman. If you are a housing association tenant it will be the Housing Ombudsman. If you have suffered discrimination, you can complain about this to the Ombudsman.

For more information, in England, see How to use an ombudsman in England or in Wales, see How to use an ombudsman in Wales.

Back to top

Rights of assured tenants

As an assured tenant you have the right to stay in your accommodation unless your landlord can convince the court there are reasons to evict you, for example, that there are rent arrears, damage to the property, or that another of the terms of the agreement has been broken. For more details on security of tenure, see under heading The right to stay in accommodation.

As an assured tenant you can enforce your rights, for example, to get repairs done, without worrying about getting evicted. As well as the right to stay in your home as long as you keep to the terms of the tenancy you will also have other rights by law including:-

• the right to have the accommodation kept in a reasonable state of repair
• the right to carry out minor repairs yourself and to receive payment for these from your landlord - see under heading Repairs and improvements
• the right for your spouse, civil partner or other partner to take over the tenancy on your death (the right of ‘succession’)
• the right not to be treated unfairly by your landlord because of your race, sex, religion, sexuality or disability.

There may be a written tenancy agreement which may give more rights than those set out above.

Complaints about assured tenancies

Tenants of housing associations can complain to the Housing Ombudsman.

For more information, in England, see How to use an ombudsman in England or in Wales, see How to use an ombudsman in Wales.

Back to top

Fixing and increasing the rent

Secure tenants

Local authority tenancies

Rents for local authority tenants are fixed according to the local authority’s housing policy and the amount of money they get from central government. You cannot control the amount of rent payable, but may be able to claim housing benefit to help pay it.

For information on housing benefit, see Help with your rent - Housing Benefit.

If you are getting into arrears with your rent, in England and Wales see Rent arrears in Credit and debt fact sheets.

Housing association and housing co-operative tenancies which began before 15 January 1989

If you are housing association or housing co-operative tenant whose tenancy started before 15 January 1989 you are a secure tenant, like local authority tenants, but your rent is generally a ‘fair rent’ registered by the Rent Officer. The housing association or co-operative will usually have had the rent registered.

Once a rent has been registered, a new rent cannot usually be considered for the accommodation for two years. The rent can only be increased if:-

• you ask for a new fair rent assessment after two years
• your landlord asks for a new fair rent assessment after one year and nine months, although any new rent would not become effective until the end of two years.

An application for a rent increase can be made earlier, but only if the tenancy has changed drastically or if you and your landlord apply together.

If you need help paying the rent you may be able to claim housing benefit.

For more information on housing benefit, see Help with your rent - Housing Benefit.

If you are getting into arrears with your rent, in England and Wales see Rent arrears in Credit and debt fact sheets.

Assured tenants

Housing association or housing co-operative tenancies which began on or after 15 January 1989

As a housing association tenant whose tenancy started on or after 15 January 1989 you will be an assured tenant. Your rent is the rent you agreed to pay your landlord at the beginning of the tenancy and should be covered in your tenancy agreement. The tenancy agreement should also state when and how the rent can be increased.

In England, most housing associations and housing co-operatives are registered with the Tenant Services Authority (and are known as ‘registered social landlords’) and must follow standards and procedures set down by this regulatory body. They should try to set rents which are affordable to people in low-paid employment. They should also provide each tenant with information on their policies, including those for setting rents. This information is often in the form of a handbook.

There is also a model tenancy agreement for registered social landlords assured tenants, produced by the National Housing Federation, which says that assured tenants’ rents should not be increased more than once a year.

If your tenancy agreement does not cover rent increases, you have the right to apply to a Rent Assessment Committee if you do not agree to the increase. However, the Rent Assessment Committee may agree to the rent increase, or may set an increase which is higher than that proposed by your landlord.

In Wales, housing associations must manage their housing to standards set by the Welsh Assembly Government. You must be informed in writing, and in advance about any changes in your rent. You should be given at least 28 days notice of any increase.

You may have the right to apply to a Rent Assessment Committee if you do not agree to a rent increase.

If you are a housing association tenant in Wales, there is a leaflet explaining your rights called The Guarantee for Housing Association Residents. You can find this on the Welsh Assembly Government website at: www.new.wales.gov.uk.

If you want to apply to a Rent Assessment Committee you should consult an experienced adviser, for example, a Citizens Advice Bureau. To search for details of your nearest CAB including those that give advice by e-mail, click on nearest CAB.

If you need help paying the rent you may be able to claim housing benefit. You may also be entitled to other benefits if you are on a low income or you are unemployed.

For more information on housing benefit, see Help with your rent - Housing Benefit.

If you are getting into arrears with your rent, in England and Wales see Rent arrears in Credit and debt fact sheets.

To work out which other benefits you may be entitled to, you should consult an experienced adviser , for example, a Citizens Advice Bureau. To search for details of your nearest CAB including those that give advice by e-mail, click on nearest CAB.

Back to top

Repairs and improvements

As a tenant you have the right to have your accommodation kept in a reasonable state of repair. You have also an obligation to look after the accommodation. The tenancy agreement may give more details of both your landlord’s and your responsibilities in carrying out repairs and you should check this.

For more information about tenancy agreements, see Tenancy agreements.

Certain repairs will almost always be your landlord’s responsibility, whether or not they are specifically mentioned in the tenancy agreement. These are:-

• the structure and exterior of the premises (such as walls, floors and window frames), and the drains, gutters and external pipes. If the property is a house, the essential means of access to it, such as steps from the street, are also included in ‘structure and exterior’. It also includes garden paths and steps
• the water and gas pipes and electrical wiring (including, for example, taps and sockets)
• the basins, sinks, baths and toilets
• fixed heaters (for example, gas fires) and water heaters but not gas or electric cookers.

For more information about repairs, see Disrepair in rented accommodation.

The Right to repair

Tenants of local authorities and of registered social landlords (including housing associations) can use ‘right to repair’ schemes to claim compensation for repairs which the landlord does not carry out within a set timescale.

As a tenant of a registered social landlord you are entitled to compensation if you report a repair or maintenance problem which affects your health, safety or security and your landlord fails twice to make the repair within the set timescale. There is a flat rate award which is currently £10, plus £2 a day up to a total of £50, for each day the repair remains outstanding. A maximum cost for an eligible repair may be set by the individual landlord. You should contact your landlord for more details about the scheme.

Local authority tenants have a right to repair scheme similar to that of registered social landlord tenants, although it is compulsory for the local authority to follow this scheme. Under this right to repair scheme, if repairs are not carried out within a fixed time scale, you can notify your landlord that you want a different contractor to do the job. The local authority must appoint a new contractor and set another time limit. You can then claim compensation if the repair is not carried out within the new time limit.

As a local authority tenant you can currently use the ‘right to repair’ scheme for repairs which your landlord estimates would cost up to £250. You can also claim up to £50 compensation. Twenty types of repairs qualify for the scheme, including insecure doors, broken entry phone systems, blocked sinks and leaking roofs.

A repair will not qualify for the scheme if the local authority has fewer than 100 properties, is not responsible for the repair or if the authority decides it would cost more than £250.

Improvement

As a local authority tenant if you make certain improvements to your home, for example, loft insulation, draught proofing, new baths, basins and toilets and security measures, you can apply for compensation for doing so when you move out. You will not be eligible for this compensation if you buy your home.

Disabled tenants

As a disabled local authority tenant you may be able to have alterations carried out to your home. You will first have to get the need for any alterations assessed by the social services department. Alterations could include the installation of a stair lift or hoist or adaptation of a bathroom or toilet.

If you want to get an alteration carried out you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.

A disabled tenant may also be able to get a disabled facilities grant to make the home more suitable.

For information about disabled facilities grants, see Help with home improvements.

Gas appliances

Your landlord must make sure that any gas appliances in residential premises are safe. They must arrange for safety checks on appliances and fittings to be carried out at least once every twelve months. The inspection must be carried out by someone who is registered with Gas Safety Register. Their website is: www.gassaferegister.co.uk. The landlord must also keep a record of the date of the check, any problems identified and any action taken. As the tenant, you have the right to see this record as long as you give reasonable notice.

If your landlord does not arrange for checks or refuses to allow you to see the record of the check, you could contact the local Health and Safety Executive office.

For more advice on ways of getting repairs done, see Disrepair in rented accommodation.

Back to top

The right to stay in the accommodation

This is an outline of the rights you have as a tenant of a local authority, housing association or housing co-operative to stay in your accommodation and how you can be evicted.

For more detailed information on eviction, see Common problems with tenancies.

Secure tenants

As a secure tenant you have the right to stay in the accommodation as long as you keep to the terms of the tenancy agreement with your landlord. However, if the tenancy agreement is broken, for example, because of rent arrears or nuisance to neighbours, your landlord can serve a notice on you and apply to the county court for eviction.

A public sector landlord can only evict you if s/he gives you the proper notice and if one of the ‘grounds for possession’ applies.

What constitutes ‘grounds for possession’ is complicated and someone whose landlord is seeking eviction should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.

The landlord must apply to the county court to seek possession of the property and a secure tenant can only be evicted if the court grants a possession order to the landlord.

Assured tenants

If a housing association or housing co-operative tenancy began after 15 January 1989, it will be an assured tenancy. There will usually be a model housing association tenancy agreement, giving similar rights to those of secure tenants. In order to evict you, the housing association will have to give proper notice that it is going to seek possession. The housing association will then have to obtain a possession order from the county court by proving that one of the ‘grounds for possession’ applies.

What constitutes ‘grounds for possession’ is complicated and someone whose landlord is seeking eviction should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.

Back to top

Public sector tenancies and discrimination

A local authority, housing association or other social landlord must not discriminate against you because of your race, sex, disability, sexuality or religion. This means that they are not allowed to:

• rent a property to you on worse terms than other tenants
• treat you differently from other tenants in the way you are allowed to use facilities such as a laundry or a garden
• evict or harass you because of your race, sex, disability, sexuality or religion
• charge you higher rent than other tenants
• refuse to house or re-house you because of your race, sex, disability, sexuality or religion
• give priority to people because of their race, sex, disability, sexuality or religion when deciding who to house or re-house
• refuse to carry out repairs to your home, simply because of your race, sex, disability, sexuality or religion
• refuse to make reasonable changes to a property or a term in the tenancy agreement which would allow a disabled person to live there.

If you think your landlord is discriminating against you because of your race, sex, disability, sexuality or religion, you should get advice from an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.

Back to top

Introductory tenants

Who is an introductory tenant

Some local authorities make all new tenants introductory tenants for the first 12 months of the tenancy.

Rights of introductory tenants

Introductory tenants have some but not all of the rights of secure tenants. The following table shows your rights as an introductory tenant compared with secure tenants.

Statutory right	Secure tenant	Introductory tenant
Right to succession by partners or family members	yes	Yes
Right to repair	yes	Yes
Right to assign	yes	No
Right to buy	yes	no, but period spent as an introductory tenant counts towards the discount
Right to take in lodgers	yes	No
Right to sub-let	yes	No
Right to improve	yes	No
Right to exchange	yes	No
Right to vote prior to transfer to new landlord	yes	No
Right to be consulted on housing management issues	yes	Yes
Right to be consulted on decision to delegate housing management	yes	Yes
Right to participate in housing management contract monitoring	yes	Yes

Ending an introductory tenancy

At the end of the twelve months, provided there have been no possession proceedings against you, the introductory tenancy will usually be converted by your landlord to a secure tenancy. However, if the tenancy started on or after 6 June 2005, your landlord may be able to extend the introductory tenancy for a further six months.

Possession proceedings

It is very easy for a landlord to evict an introductory tenant.

If you have received a notice from the landlord stating that they intend to evict you and take possession of the property, you should immediately consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.

Back to top

Bookmark and share

What are these?