Secure tenancies

Copyright © 2025 LexisNexis
Produced in partnership with Jill Morgan
Practice notes

Secure tenancies

Copyright © 2025 LexisNexis

Produced in partnership with Jill Morgan

Practice notes
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This Practice Note explains the conditions that must be satisfied under section 79 of the Housing Act 1985 (HA 1985) for a secure tenancy to exist, and subsequently discusses each of these conditions including whether accommodation qualifies as a dwelling, whether the dwelling is the tenant’s principal home, the landlord condition, the tenant condition, and the exceptions under HA 1985, Sch 1 where a tenancy or licence cannot be secure. It also covers how variation of a secure tenancy can be achieved and the additional rights of secure tenants.

Secure tenancy

Secure tenancies are the most common form of tenancies provided by local authorities (LAs). The definition of a secure tenancy and the rights of secure tenants is derived from Part 4 of the Housing Act 1985 (HA 1985). A secure tenancy exists when:

  1. •

    the property is a dwelling house (see: A dwelling)

  2. •

    it is let as a separate dwelling (see: Let as a separate dwelling)

  3. •

    the landlord condition is satisfied (see: Landlord condition)

  4. •

    the tenant condition is satisfied (see: Tenant condition)

  5. •

    none of the exceptions apply

See

Jill Morgan
Jill Morgan

Content writer, Copywriter and Chartered Legal Executive

Jill Morgan is a Chartered Legal Executive and the founder of Clear and Credible Ltd, a content writing and copywriting business, specialising in law, local government and social welfare.
 
Jill has specialised in housing law for a number of years, particularly homelessness and possession proceedings. She has a keen interest in social welfare law and associated issues and has contributed to a number of published texts.
 
Jill’s practice extends across all aspects of local government law, including governance, planning, licensing, environmental health, property, housing and commercial contract. In her role as Deputy Monitoring Officer, she was heavily involved in governance arrangements and standards matters. Jill managed the local authority’s licensing team for a number of years and has a wealth of experience in advising at committees, sub-committees and contested hearings.

In addition to contributing to the legal practice notes below, Jill has prepared numerous court digests and summaries of judicial decisions across various practice areas.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Secure tenancy definition
What does Secure tenancy mean?

A tenancy regulated by the Housing Act 1985.

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