Rights of secure tenants
Rights of secure tenants

The following Local Government guidance note provides comprehensive and up to date legal information covering:

  • Rights of secure tenants
  • Term of tenancy
  • Rent
  • Right to sublet
  • Right to take in lodgers
  • Right to assign
  • Right to exchange
  • Assignment to potential successor
  • Right to succession
  • Right to repair
  • more

FORTHCOMING CHANGE: The Secure Tenancies (Victims of Domestic Abuse) Act 2018 (ST(VDA)A 2018) received Royal Assent on 10 May 2018 and once in force it will require LHAs to grant ‘old-style English secure’ tenancies to victims of domestic violence in certain circumstances, see Secure Tenancies (Victims of Domestic Abuse) Act 2018 below.

Term of tenancy

A secure tenancy can be granted for a:

  1. fixed term

  2. periodic term

  3. statutory periodic term

  4. flexible term

Periodic term

Most secure tenancies have been granted for an indefinite period with rent paid on a periodic basis (weekly or monthly). These are sometimes referred to as lifetime council tenancies.

Fixed term and statutory periodic

A tenancy granted for a fixed term which continues after the initial period without a further fixed term being granted becomes a statutory periodic.

Flexible

Introduced by section 154 of the Localism Act 2011 (LA 2011), flexible tenancies can be made (in England only) by a local housing authority (LHA). A flexible tenancy is a form of secure tenancy. It can be made in the following circumstances:

  1. where a landlord grants a secure tenancy for a fixed-term of not less than two years having given prior notice to the tenant that the tenancy is to be flexible

  2. where a family intervention tenancy, granted in replacement of a flexible tenancy, reverts to secure status. Prior