Flexible tenancies
Flexible tenancies

The following Property practice note provides comprehensive and up to date legal information covering:

  • Flexible tenancies
  • What is a flexible tenancy?
  • Procedure
  • Right to review the offer
  • Length of flexible tenancy
  • Expiry of the fixed term of the flexible tenancy
  • Ending a flexible tenancy

Flexible tenancies

What is a flexible tenancy?

Introduced by the Localism Act 2011 (LA 2011), flexible tenancies can be granted by a local authority (LA) where:

  1. the tenant has previously occupied a council property under a family intervention, demoted or introductory tenancy

  2. prior written notice has been served stating that the tenancy will be flexible

  3. a secure tenancy has been granted by a landlord for a term certain of not less than two years

Once an LA has adopted a tenancy strategy or interim policy it can grant flexible tenancies rather than periodic secure tenancies. It is up to each individual LA to decide whether it will grant flexible tenancies and in what circumstances:

  1. a flexible tenancy is a type of secure tenancy granted for a fixed term of a minimum of five years except in exceptional circumstances when it can be granted for a minimum of two years

  2. the main difference between a flexible secure tenancy and a periodic secure tenancy is that a flexible tenancy is granted for a fixed duration

The landlord and tenant conditions for creating a secure tenancy must be satisfied when creating a flexible tenancy.

See Practice Note: Secure tenancies

Procedure

An LA must serve prior written notice on a tenant stating that the tenancy will be a flexible tenancy for the fixed term. There is no prescribed form but the notice must be

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