Secure Tenancies Explained: Your Rights as a Council Renter in England

If you rent your home from a local council or some registered social landlords in England, you may have what’s called a secure tenancy. This gives you strong legal rights compared to most private tenancies, including significant protection from eviction and the ability to pass your tenancy to a family member in certain circumstances. Knowing whether your tenancy is secure—and what that means—helps you understand where you stand if you face rent increases, repairs, or eviction.

What Is a Secure Tenancy?

A secure tenancy is a type of council tenancy first introduced by the Housing Act 1985. It is usually granted if you rent your home from your local council and have lived there since before 1989, or if you signed a new council tenancy before 2012 (after this, many councils switched to flexible tenancies).

• You have a legal right to live in your home as long as you do not breach the tenancy agreement.
• Your landlord must follow a strict legal process to evict you.
• You have rights to repairs, succession (passing the tenancy to a close family member if you die), and in some cases, to buy your home at a discount.

Secure tenants are usually renting from:

• Local authorities (city, borough, or district councils)
• Some former council homes transferred to social landlords or housing associations

How Do You Know If You Have a Secure Tenancy?

If your tenancy began before 1 April 2012, and you rent from a council, you are likely to have a secure tenancy unless you’re in temporary or supported accommodation. Always check your tenancy agreement—secure tenancies are clearly named as such.

Your Rights as a Secure Tenant

Secure tenancy status offers important protections and rights:

• Protection from eviction: Council must obtain a court order and prove one of the legal grounds—like significant rent arrears or antisocial behaviour.
• Right to repairs: Landlords are responsible for most repairs to structure, heating, water, and sanitation. You can demand timely repairs via your housing department.
• Rent limits: Rent can only be increased following a formal notice and set procedures. You may challenge unreasonable rent increases.
• Right to succession: In some cases, your spouse, civil partner or family member can inherit the tenancy if you die (see government guidance on succession rights).
• Right to exchange homes: You can swap homes with another council tenant, subject to approval (this is called a ‘mutual exchange’).
• Right to buy: Some secure tenants can purchase their property at a discount through the Right to Buy scheme.

Eviction Process: How Are Secure Tenancies Ended?

Your landlord must follow special procedures to bring a secure tenancy to an end. It is not possible to be evicted without a court order, except in rare situations (like abandonment).

Eviction Steps and Official Forms

• Notice of Seeking Possession (Form N5B), or Section 8 Notice: Your landlord must first serve you with a written notice, which explains the reason (ground) for seeking possession. For secure tenancies, this is usually known as a 'Notice of Seeking Possession'—the template is detailed in government guidance.
  Learn more and access the official form templates.
  Example: If you are behind on your rent and your council wants to evict you, they must give you this notice first, stating the arrears and what you can do next.
• Claim for Possession: If you do not leave after the notice period, the landlord must apply to the county court. You will receive a claim form and a court date. The court will only grant an eviction if strict legal grounds are met.

The eviction process for secure tenants is set out in legislation and protects you from arbitrary eviction.^[1]

Rent Increases: Your Rights and How to Challenge

Council landlords must follow formal procedures to increase your rent, generally providing at least four weeks’ written notice. If you think an increase is unfair, you have the right to challenge it:

• Contact your local council and request a breakdown of how the new rent was calculated.
• If you are not satisfied, you can apply to the First-tier Tribunal (Property Chamber), which handles rent and other residential tenancy disputes in England.

For a full how-to, see the step-by-step guide at the end of this article.

Key Official Forms and Guidance for Secure Tenants

• Form N5B: Claim for possession – Used by landlords to ask the county court for possession after a notice period has expired.
• Form N119: Particulars of claim for possession – Used to provide further details when starting possession proceedings for rent arrears or other grounds.

How these forms are used: If you ignore a Notice of Seeking Possession and remain in your home, your landlord may submit Form N5B or N119 to the local county court. You’ll receive a copy and a chance to respond or attend a hearing.

Always read any court documents carefully and seek advice if you’re unsure what to do. You have a right to defend yourself at a hearing.

Succession and Assignment—Who Can Inherit a Secure Tenancy?

If a secure tenant dies, the tenancy may pass (succession) to a spouse, civil partner, or, in some cases, another family member who lived with the tenant for at least one year. Rules vary, so always check the council’s succession policy and refer to official succession guidance for details.

FAQ: Secure Tenancies, Eviction, and Your Rights

1. How do I find out if I have a secure tenancy?
   Your tenancy agreement should state the type. You can also ask your landlord (the council) or check with your local Citizens Advice service.
2. Can the council evict me without notice?
   No. The council must serve you with a Notice of Seeking Possession and follow a legal process through the court, except in rare cases like abandonment.
3. What can I do if my rent is increased?
   You have the right to challenge the increase. First, ask your landlord for a written explanation. If you still disagree, you can appeal to the First-tier Tribunal (Property Chamber).
4. Can I pass my secure tenancy to someone else?
   It depends. Succession is possible for a spouse, civil partner, or certain family members who lived with you for at least a year. Always check with your council.
5. Who handles disputes for council tenancies in England?
   The First-tier Tribunal (Property Chamber) is the main body for resolving rent and tenancy disputes in England.

Conclusion: Key Takeaways for Secure Tenants

• Secure tenancy gives you robust rights and protection from eviction in England.
• Your landlord must follow legal steps with proper paperwork to increase rent or evict you.
• If you’re unsure about your rights, check your agreement and use local or national support services for advice.

Understanding your rights under a secure tenancy helps you respond confidently to any issues with your home or landlord.

Need Help? Resources for Renters

• Gov.uk Council Housing Guide – Official guidance, including secure tenancy rules.
• First-tier Tribunal (Property Chamber) – Handles rent increases and tenancy disputes.
• Citizens Advice: Council Housing – Independent help for council tenants.
• Shelter England: Council and Social Housing – Free advice by phone, webchat, or in-person.
• Ending a Secure Tenancy—Official Guidance

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1. [1] Housing Act 1985 Part I—Secure Tenancies
2. Ending a Secure Tenancy—Official Guidance (gov.uk)
3. First-tier Tribunal (Property Chamber)

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