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Council Housing - Tenancy Issues

Tenancy Agreements

Your tenancy agreement is a legal contract between you and the council. You have signed and received a copy of the agreement. This agreement states the rights and responsibilities of both parties.

Introductory Tenancy

An Introductory Tenancy is offered to new Tenants of the Council i.e. those who do not have an existing tenancy with the Council. An Introductory Tenancy is a probationary or trial tenancy, which lasts for twelve months. After twelve months you will become a Secure Tenant, provided you have not broken the conditions set out in the agreement and demonstrated that you are responsible enough to keep your Council home. Introductory tenants do not have the right to:

• Assign (transfer) the tenancy, to take in lodgers, carry out improvements or mutually exchange with another tenant.
• Buy their council property.

• The same protection from eviction for any breach of the tenancy agreement.

Secure Tenancy

Although a secure tenant must also behave responsibly and adhere to the conditions set out in the tenancy agreement, they enjoy the full legal rights of a secure Council tenant as defined within the Housing Act 1985.

When your tenancy is a ‘secure tenancy’ that means you can remain the tenant for as long as you like, unless there is a legal reason or breach of tenancy conditions warranting possession of the property by the council.

Tenancy Conditions

Your signature on the tenancy agreement means you have agreed to the tenancy conditions – you are responsible for ensuring that you and members of your household including visitors to your home keep to the tenancy conditions.
All named tenants on a tenancy agreement have equal rights and responsibilities for the tenancy. Each tenant is responsible for ensuring that the rent and other charges are paid.

Breach of Tenancy

If a breach of tenancy occurs, either tenant can be held responsible. A breach of tenancy means that a condition of your tenancy has been broken. This can lead to possible court action. The council may apply to the County Court to allow a tenancy to be brought to an end by a Demotion Order. Upon granting of the order, the tenancy is replaced with a less secure form of tenancy. The tenant will lose a number of the rights enjoyed under secure tenancy. This will include removing their right to buy their home and the right to exchange their home with another tenant.

Breaches of tenancy include:

• Not paying your rent.
• Causing neighbour nuisance.

If the breach is not remedied the council may even evict you. Housing Services do not want to evict you. Our Housing Officers are able to advise tenants who are in breach of their tenancy or refer them elsewhere to access help to remedy the breach.