Rights of secure tenants
Rights of secure tenants

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

  • Rights of secure tenants
  • Term of tenancy
  • Periodic term
  • Fixed term and statutory periodic
  • Flexible
  • Rent
  • Right to sublet
  • Consent
  • Right to take in lodgers
  • Right to assign
  • More...

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:

  1. proceedings for possession

  2. forfeiture of business leases on the grounds of non-payment of rent

  3. a landlord's right to exercise Commercial Rent Arrears Recovery (CRAR) and enforcement agents taking control of goods

  4. service of various notices to recover possession of residential properties

  5. practice and procedure in the First-tier Tribunal (Property Chamber) and Upper Tribunal (Lands Chamber)

  6. insolvency legislation of both a permanent and temporary nature

For further information and guidance, see: Coronavirus (COVID-19)—implications for property and Coronavirus (COVID-19)—social housing tracker.

This Practice Note sets out the rights that a secure tenant has arising from their tenancy. It should be read in conjunction with Practice Note: What is a secure tenancy? which provides an explanation of what a secure tenancy is, how it occurs and how a tenancy ceases to be considered secure.

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

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