If you’re looking into renting from a council or housing association in the UK, you may have heard the term “secure tenancy” being mentioned. This type of tenancy is an important part of the social housing system, giving tenants long-term stability and various rights to make sure they’re not unfairly treated by landlords. In this article, we’ll break down exactly what a secure tenancy is, how it works, and the rights it offers. By the end, you’ll have a clear understanding of secure tenancies and why they might be important for your living situation.
What is a Secure Tenancy?
A secure tenancy is a type of agreement that grants you long-term protection as a tenant. It means that you are allowed to stay in your rented home for as long as you like, as long as you stick to the rules of your tenancy agreement.
Secure tenancies were first introduced in the UK by the Housing Act 1980. Most people who signed a tenancy agreement with their council before 15 January 1989 will have what’s called a “secure tenancy.” These tenancies are designed to offer tenants long-term security in their home and make it difficult for landlords (usually councils or housing associations) to evict tenants without good reason.
However, from 15 January 1989 onwards, a new type of tenancy called an assured tenancy replaced the secure tenancy for new tenants. Assured tenancies are similar, but they offer tenants less protection, and landlords have more power when it comes to ending the tenancy.
How Does Secure Tenancy Work?
When you have a secure tenancy, you have the right to live in your home for the long term. It’s a way of ensuring that you’re not easily moved out without reason, offering peace of mind that you won’t suddenly be asked to leave your home without a fair cause.
While secure tenancies offer great protection, there are still rules and responsibilities you must follow. Just like with any rental agreement, both you and your landlord (the council or housing association) have certain duties to each other. As a tenant, you have the right to stay in the property, but you must also follow the tenancy rules, such as paying rent on time and maintaining the property in a reasonable condition.
What Are the Rights of a Secure Tenant?
One of the main reasons secure tenancies are highly valued is the range of rights they offer. These rights give you more control and stability in your living situation. Here’s a breakdown of what rights you get with a secure tenancy:
1. Right to Stay in Your Home
Perhaps the most important right is the right to stay in your home for as long as you want, as long as you follow the rules of the tenancy agreement. Your landlord cannot just evict you without a valid reason. To end a secure tenancy, the council or housing association must follow legal procedures and provide a reason for eviction, such as non-payment of rent or significant damage to the property.
2. Right to Pass On the Tenancy
If you pass away, your family or loved ones might have the right to take over the tenancy. The specific conditions around this can vary, but in general, a secure tenant can pass the tenancy to a partner, children, or other close family members in certain circumstances.
3. Right to Make Improvements (With Permission)
As a secure tenant, you can make improvements to the property, such as decorating or adding new fixtures. However, you must get permission from your landlord before making major changes. For example, you can ask if you’re allowed to redecorate or install new shelves. The landlord cannot unreasonably withhold permission for changes that don’t affect the structure of the home.
4. Right to Stay Even if Your Household Situation Changes
If your family situation changes, such as if someone moves in or out of your home, your secure tenancy is still protected. You don’t need to worry about your council or housing association changing your agreement unless the circumstances are extreme (e.g., involving anti-social behaviour).
5. Right to Sublet or Rent a Room
You can rent out a room in your home to someone else. This means you could get some extra income, which can be helpful, particularly if you’re struggling with rent. However, you cannot sublet the entire property to someone else or rent out the home to multiple tenants without permission from the landlord.
6. Right to Buy Your Home (Under the Right to Buy Scheme)
If your council or housing association participates in the Right to Buy scheme, you may be able to buy your property at a discounted price. This right is available to secure tenants who have lived in their home for a certain period of time. The scheme offers a way for tenants to take ownership of their council homes, and the discounts can be significant, especially for long-term tenants.
7. Right to Ask for Repairs
As a secure tenant, your landlord is responsible for keeping the property in good condition and carrying out essential repairs. If something in your home is broken or in need of repair (for example, a leaky roof or a broken boiler), you have the right to ask for these repairs to be carried out. Your landlord has an obligation to ensure that the property is safe and habitable.
8. Right to Challenge Rent Increases
If your landlord decides to increase your rent, you have the right to challenge the increase if you feel it’s unfair. For example, you can take your case to a rent tribunal, which will review the situation and make a fair decision based on the current market conditions.
9. Right to Privacy and Peaceful Enjoyment of Your Home
As a secure tenant, you also have the right to privacy. Your landlord cannot enter your property without your permission, except in certain situations, such as in an emergency or for repairs. You also have the right to enjoy your home without unnecessary disturbance or harassment from your landlord or neighbours.
Responsibilities of Secure Tenants
While secure tenancies come with many rights, there are also responsibilities you must follow. Here are some of the key responsibilities:
- Paying Rent: You must pay your rent on time. If you fall behind with rent, your landlord can take legal action, and this could lead to eviction.
- Taking Care of the Property: You must look after the property and make sure it remains in good condition. This doesn’t mean you have to do all the repairs yourself, but you should report any issues to the landlord promptly.
- Respecting the Neighbours: You must behave in a way that doesn’t cause problems for your neighbours. This includes not engaging in anti-social behaviour such as noise disturbances or damage to the property.
- Getting Permission for Improvements: As mentioned earlier, you must ask for permission before making any major improvements to the property.
- Not Subletting Without Permission: You must not sublet the property or any part of it (like rooms) without permission from your landlord.
Ending a Secure Tenancy
A secure tenancy can only be ended in specific circumstances. These include:
- You Give Notice: If you decide to move out, you must give your landlord at least 4 weeks’ notice in writing.
- Eviction: If you break the terms of your tenancy agreement (e.g., not paying rent or causing damage), the council or housing association may take legal action to evict you. However, they cannot just kick you out without going through the proper legal channels.
- Council Needs the Property: In some cases, the council may need to move you to another property (e.g., for redevelopment or major repairs). If this happens, they must offer you another property with the same level of security.
Conclusion
In summary, a secure tenancy is an important form of rental agreement that provides long-term security and a range of rights for tenants. If you have a secure tenancy, you can live in your home for as long as you like, as long as you adhere to the tenancy agreement. You have the right to make improvements (with permission), rent out rooms, and, in some cases, even buy your property through the Right to Buy scheme.
While you enjoy these rights, you also have responsibilities to take care of the property, pay rent on time, and be considerate to your neighbours. A secure tenancy offers you peace of mind and helps you feel settled in your home, knowing that you have legal protections in place.
