Q&As

What are the principle differences in relation to rent reviews, assignment, assignment, subletting and exchange between a secure tenancy granted by a local authority and assured shorthold tenancy granted by a registered provider?

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Published on LexisPSL on 10/06/2016

The following Local Government Q&A provides comprehensive and up to date legal information covering:

  • What are the principle differences in relation to rent reviews, assignment, assignment, subletting and exchange between a secure tenancy granted by a local authority and assured shorthold tenancy granted by a registered provider?
  • What is a secure tenancy granted by a Local Authority?
  • What is an assured shorthold tenancy granted by a Registered Provider?
  • What are the main differences between the two?
  • Assignment (including by mutual exchange)
  • Succession
  • Rent control
  • Security of tenure

What are the principle differences in relation to rent reviews, assignment, assignment, subletting and exchange between a secure tenancy granted by a local authority and assured shorthold tenancy granted by a registered provider?

Please note: the Housing and Planning Act 2016 received Royal Assent on 12th May 2016 and proposes major changes to local authority tenancies once in force.

What is a secure tenancy granted by a Local Authority?

A secure tenancy is a tenancy granted under the Housing Act 1985 (HA 1985). It is the most common form of tenancy provided by local authorities (local authorities cannot grant assured and therefore assured shorthold tenancies (ASTs) under section 1 and Schedule 1 of the Housing Act 1988 (HA 1988)) and exists when:

  1. the property is a dwelling house

  2. it is let as a separate dwelling

  3. the landlord condition is satisfied

  4. the landlord condition is satisfied

  5. none of the exceptions apply

For further information on the conditions for a secure tenancy, see Practice Note: Secure tenancies.

A secure tenancy can only be varied where the variation is by agreement between the landlord and tenant, in respect of rent, council tax, or services, in accordance with the tenancy agreement, or by notice of variation of a periodic tenancy. For further information, see section Varying terms of a secure tenancy of Practice Note: Rights of secure tenants.

For further information on the rights

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