Local authorities will normally only grant secure tenancies. We operate all tenancies according to statutory criteria. In general, security of tenure legislation does not allow councils to tailor a tenancy to an individual’s needs outside of the statutory criteria.
Introductory tenancy
If you’re not already a secure tenant with us, or another council, we will offer you an introductory tenancy. This tenancy normally lasts 12 months, but we can extend it. After you complete it, if everything has gone well, we will offer you a secure tenancy.
Stick to the rules of your introductory tenancy agreement. Your tenancy is not secure, so you have fewer rights, and can lose your home if you break the agreement. As an introductory tenant, you cannot buy your home under Right to Buy or exchange it with other tenants.
Secure tenancy
A secure tenancy means you have the right to stay in your home for your lifetime if you stick to the rules of your tenancy agreement. You can rent out a room, buy your home through Right to Buy, and exchange your home with other tenants. You can also improve your home, with permission, and transfer your tenancy in some circumstances.
Fixed term tenancies
A fixed term tenancy is a secure tenancy for two years or more. We do not offer fixed term tenancies. Our introductory tenancy leads to a secure tenancy after 12 months, except if we extend the time.
Licence agreement
If we carry out extensive repairs or make improvements to your home, we may need to move you into another property while we do the work. We will provide a licence agreement, which gives consent for you to temporarily live in the property.
You do not have the same protection in a property under a licence agreement as you do in your secure tenancy home. This is because we are using it to house you temporarily. It is important to stick to the rules of your licence agreement, or you could lose the property.
Demoted tenancy
A court may end a secure tenancy and replace it with a demoted tenancy if a tenant is in court for anti-social behaviour. A demoted tenancy can last 12 months or longer. Like the introductory tenancy, it is not secure, and you would have fewer rights. It is an alternative to a suspended possession order.
Joint tenancies
We can grant all tenancies to joint tenants on the basis you are:
- both eligible for housing as defined by legislation,
- married or civil partners,
- living together, and can prove you have done so for at least 12 months, or
- in a mutually supportive and established relationship.
We do not normally grant a joint tenancy to a person who can succeed the tenancy, such as a mother and daughter. Agreeing to this would reduce our ability to make the best use of our council homes in the future. When deciding whether to grant joint tenancies, we act consistently and in accordance with this policy.
1.1 When a joint tenant serves the council with a notice to quit:
1.2 Where there is a joint tenancy and a notice to quit is submitted by either tenant, the tenancy will end for all of the tenants after four clear weeks (in other words, at the end of the four-week period starting on the Monday after the council receive the notice). Whilst the council can offer advice about Home Options and rehousing, a decision made about serving a notice to quit on the council is a decision for the tenant alone and if they are uncertain whether to give notice or not then the council recommends, they seek independent legal advice.
1.3 Please note that once a notice to quit has been served it cannot be with- drawn. In the event that the tenant/joint tenants decide they want to remain after serving a notice to quit, it will be a matter for the council’s discretion, in accordance with its allocation policy, whether a new tenancy will be granted.
1.4 What happens to the remaining joint tenant
1.5 The Council has the discretion whether to offer a tenancy in the same property or a new property. The property must be deemed suitable in accordance with our Allocations policy and the Council will consider whether the terms of the tenancy agreement have been observed correctly.
1.6 When the Council permits the remaining tenant to stay in the same property
1.7 If the terms of the tenancy agreement have been kept to and the property is suitable for their housing needs, the council can decide to allocate the property back to the remaining tenant and the remaining tenant will be invited to sign a new tenancy agreement.
1.8 When the Council seeks alternative property for the remaining tenant
1.9 If the tenancy agreement has not been kept to, or the property is too big for their housing needs, then the council will not offer a new sole tenancy to the remaining occupant.
1.10 The council are entitled to a ‘use and occupation’ charge, which is equivalent to the rent, while an alternative is property can be found. The council may defer its right to possession for a limited period to allow the remaining occupant to seek alternative accommodation or to pay any use and occupation charge arrears. This may preclude a direct let from being considered (in accordance with the council’s allocation policy).
1.11 In such circumstances, the remaining occupant will make a Home Options application and place bids on suitable properties. The council will offer advice and support where required through the Home Options scheme.
1.12 If this advice is not followed and a move is not achieved within 3 months, the council will commence possession proceedings to recover possession of the property so that it may be re-let in accordance with the council’s allocation policy.
Length of tenancy
A secure tenancy usually carries on for life. In legal terms, a secure tenancy is a weekly tenancy, if the rent is paid weekly. The week begins first thing on Monday and ends midnight on Sunday. Your tenancy starts on the date on your original tenancy sign-up sheet.
Ending a tenancy
You can end your tenancy by giving us Notice to Quit. If there is no security of tenure, we can end your tenancy by giving you Notice to Quit.
Normally, we will only end your tenancy if you break the agreement or if you die.
A court can end your tenancy, and in exceptional circumstances only, we can agree to you surrendering it
