Council Homes vs Housing Association in Wales: Key Differences

Understanding the differences between council homes and housing association properties is essential for renters in Wales, especially if you're dealing with issues such as rent increases, eviction, or property repairs. This guide explains how these types of social housing compare, your rights as a renter, and the official processes you need to know about.

What Are Council Homes and Housing Association Homes?

Council homes are social housing properties owned and managed directly by your local authority (the council). In contrast, housing association homes are owned and managed by independent, not-for-profit organisations regulated by the Welsh Government. Both aim to provide affordable, secure housing for people who need it most.

Main Differences Between Council and Housing Association Properties in Wales

While both types offer secure accommodation and similar tenancy rights under Welsh law, some important distinctions exist:

• Ownership and Management: Council homes are owned by local authorities (like Cardiff or Newport Council); housing association homes are managed by registered social landlords.
• Application Process: Both are accessed through local council housing waiting lists, but housing associations may have their own additional application steps.
• Tenancy Agreements: Council tenants generally have secure or introductory tenancies; housing association tenants often have assured or assured shorthold tenancies, though some may have secure tenancies if transferred from a council home.
• Rent and Service Charges: Council rents are set by the local authority and generally follow national rent policies. Housing association rents may be set independently but must remain affordable and within government-set standards.
• Repairs and Maintenance: Both landlords have legal duties to keep your property in good repair, but policies and response times might differ.
• Right to Buy: The Right to Buy has ended in Wales, so neither council nor housing association tenants can buy their home under this scheme.

Your Rights as a Social Housing Tenant in Wales

All renters in social housing are protected by the Renting Homes (Wales) Act 2016, which sets out your rights and your landlord’s responsibilities. This includes your right to a written tenancy (occupation contract), fair notice before eviction, and minimum property standards.

Applying for Social Housing in Wales

To apply for either a council or housing association home in Wales, you usually need to join your local council’s housing register. Councils will often allocate you a place according to need, and you may be considered for both council and housing association properties through this register.

• Form: There is no standardised national paper form, but most councils use online portals for their housing application process. For example, the Cardiff Council Housing Application page provides a typical example. You must provide evidence such as ID, income details, and existing housing circumstances.

Key Tenancy Documents and Processes

• Occupation Contract (Written Statement): Since 1 December 2022, landlords must provide tenants with a written statement of the occupation contract within 14 days of the start of the tenancy. This explains your rights, rent amount, repairs policy, and more. For more information see Welsh Government guidance on written statements.
• RHW19: Notice Seeking Possession – If your landlord wishes to evict you, they will use forms based on the reason (breach of contract, anti-social behaviour, etc.). RHW19 is used to end a periodic standard contract. For details see Renting Homes Wales: Guidance for Landlords (Ending Contracts).

For example, if you receive an RHW19 notice because the council or a housing association wants to end your contract, check the form’s date and reason. You can get advice and challenge the notice if you believe it’s not valid—see action steps below.

Maintenance and Complaints

Both council and housing association landlords must keep your home in good repair. If repairs are not made after you report them:

• Contact your landlord in writing and keep a record of communication.
• If unresolved, escalate through their complaints process. You can usually find housing association complaints policies on their websites. Council complaints are via your council’s housing department.
• If the issue persists, you can contact Public Services Ombudsman for Wales or seek redress via the Housing Division of the Welsh Government.

If You Need to Challenge a Decision or Make a Complaint

The body handling disputes between renters and social landlords in Wales is the Residential Property Tribunal Wales. You can apply here to challenge certain landlord actions such as rent increases or disrepair that hasn't been resolved.

• Application Form: The RPTW Application Forms page contains forms for rent assessment, repairs, or tenancy-related applications. For example, use the "Application for Determination of Rent" if you believe your rent is too high.

Follow these steps:

• Download the relevant application form according to your problem (e.g., rent, repairs).
• Complete with details and evidence (such as letters you’ve sent, photographs, or repair logs).
• Submit to the Residential Property Tribunal Wales and await instructions for the next steps.

For full details on applying, visit the Tribunal Procedures page.

FAQ: Council and Housing Association Homes in Wales

1. Can I choose between a council and a housing association home?
   Usually, your local council will consider you for both types when you join the housing register. You can sometimes express a preference, but availability depends on your area and housing need.
2. Is the rent lower in council homes than housing association homes in Wales?
   Both aim to provide affordable rent. Council rents are set by local authorities, while housing associations must keep rents within Welsh Government guidelines. Both must follow the standards set by the Renting Homes (Wales) Act 2016.
3. What are my rights if my housing association or council landlord wants to evict me?
   You must be served an official notice and given proper time to respond. Both types of landlord must follow eviction procedures laid out in the Renting Homes (Wales) Act 2016 and give you written reasons for ending your contract.
4. How can I challenge a rent increase, repair issue, or eviction in Wales?
   If informal negotiation fails, you can apply to the Residential Property Tribunal Wales using their official forms. For repairs and issues unresolved by complaints, escalation is also available via the Public Services Ombudsman for Wales.
5. Do I have the right to buy my council or housing association home?
   No. As of 26 January 2019, the Right to Buy scheme was abolished in Wales. You cannot purchase your social home under this scheme.

Summary: Key Takeaways

• Council and housing association homes in Wales both provide secure, affordable housing but differ mainly in their management and tenancy contracts.
• All social tenants in Wales are protected by the Renting Homes (Wales) Act 2016, ensuring standard rights and responsibilities.
• Complaints and complex disputes can be escalated to the Residential Property Tribunal Wales or the Public Services Ombudsman.

Need Help? Resources for Renters in Wales

• Welsh Government: Social Housing information
• GOV.UK Guide: Social Housing Eligibility & Application
• Shelter Cymru – Advice and support for Welsh renters, including emergency help
• Citizens Advice Wales: Housing Advice
• Residential Property Tribunal Wales – Dispute resolution, including rent, repairs, and eviction cases

---

1. Renting Homes (Wales) Act 2016 – official legislation
2. Residential Property Tribunal Wales – official site
3. Renting Homes Wales: Guidance for Landlords
4. Welsh Government Social Housing Overview
5. Public Services Ombudsman for Wales

Categories

Tenant Rights & Responsibilities Rent, Deposits & Increases Tenancy Types & Agreements Moving In & Out Procedures Repairs, Maintenance & Housing Standards Eviction Notices & Repossessions Shared Housing, HMOs & Lodgers Discrimination, Harassment & Accessibility Utilities, Bills & Council Tax Affordable Housing, Social Housing & Benefits Dispute Resolution & Housing Tribunals Health, Safety & Fire Regulations Privacy, Landlord Entry & Surveillance Unusual & Special Tenancy Situations Renters’ Insurance & Liability Homelessness Support & Post-Eviction Help Landlord Duties, Licensing & Penalties Housing Law, Legal Updates & Case Studies Mental Health, Disability & Vulnerable Renters’ Rights Rent Repayment Orders & Compensation