Types of tenancies (sections 1, 2 and 3)

This page provides information about the different types of tenancies (secure tenancy and introductory tenancy) and outlines the general conditions for each of them.

On this page:

• Secure tenancy (sections 1.1 to 1.9)
• Introductory tenancy (sections 2.1 to 2.10)
• Summary of legal rights of tenants (section 3)

Secure tenancy – section 1

1.1 Your tenancy includes:

• the property (house, flat, maisonette or bungalow)
• any gardens, sheds
• any garage attached to your home

1.2 Except in the special circumstances (section 1.4), as a secure tenant you have the right to stay in your home for as long as you want, providing that you behave responsibly and keep to the terms and conditions of your tenancy agreement.  

1.3 You may lose the right to live in your home (security of tenure) if:

• the court grants us a possession order
• you do not use this home as your only or main home
• you sublet the whole of your home to another person

1.4 In special circumstances we have the legal right to take possession of your home. These special circumstances are:

• your home needs to be empty, temporarily for major repairs or improvements, or permanently because it has to be demolished 
• your home has been specially adapted for a disabled or older person who no longer lives in the property and another older or disabled person needs it to live in
• you have succeeded to (inherited) your home and you are not the wife, husband or civil partner of the previous tenant, and your home is bigger than you need

If this happens we will offer you another suitable home. In certain circumstances we will help you with removal costs, pay compensation if you lose your home or are disturbed by repair work. 

1.5 In the case of repairs/or improvements, if you move to a temporary alternative home you must return to your permanent home when we have done the repairs. We have the right to take possession of the temporary property when the work on your original home is finished.  

1.6 If you break any condition in your agreement, we may take legal action against you, for example by obtaining a possession order, antisocial behaviour order, injunction, demotion order or order suspending your right to buy your home. 

1.7 If we take legal action against you, because of non-payment of rent, antisocial behaviour or any other reason related to your act or default, this could lead to the loss of your home and may also stop you from getting accommodation from us or other housing providers in the future, even if you become homeless.

1.8 If we take you to court for breaking your agreement, we will ask the court to order that you pay our costs.

1.9 In special circumstances we may add additional terms and conditions to your tenancy agreement. These extra clauses will be specified in a supplementary agreement signed by you and the council’s representative and will be attached to your agreement.

Introductory tenancy – section 2

2.1 An introductory tenancy is a “trial” tenancy and usually lasts for 12 months. If you show us that you can act responsibly and that you can keep to the terms of your tenancy agreement, you will automatically become a secure tenant at the end of the introductory period. 

2.2 Your tenancy includes:

• the property (house, flat, maisonette or bungalow)
• any gardens, and
• any garage attached to your home

2.3 Introductory tenants have fewer rights than secure tenants and some additional conditions to comply with. As an introductory tenant we can evict you more easily than a secure tenant.

2.4 You may lose the right to live in your home (security of tenure) if:

• the court grants us a possession order
• you do not use this home as your only or main home 

2.5 In special circumstances we have the legal right to take possession of your home.

These special circumstances are:

• your home needs to be empty, temporarily for major repairs or improvements, or permanently because it has to be demolished 
• your home has been specially adapted for a disabled or older person who no longer lives in the property and another older or disabled person needs it to live in
• you have succeeded to (inherited) your home and you are not the wife, husband or civil partner of the previous tenant, and your home is bigger than you need

2.6 If we have to take possession of your home because of these special circumstances, we will offer you another suitable home. In certain circumstances, we will help you with removal costs and pay compensation if you lose your home or are disturbed by repair work. 

2.7 If we take legal action against you because of non-payment of rent, antisocial behaviour or any other reason related to your act or default, this could lead to the loss of your home and may also stop you from getting accommodation from us or other housing providers in the future, even if you become homeless.

2.8 If you break any condition in your agreement, we may extend your Introductory tenancy by a further 6 months which means that you might be an Introductory tenant for 18 months in total or we may take legal action against you, for example by obtaining a possession order or injunction. 

2.9 If we take you to court for breaking your agreement, we will ask the court to order that you pay our costs.

2.10 In special circumstances we may add additional terms and conditions to your tenancy agreement. These extra clauses will be specified in a supplementary agreement signed by you and the council’s representative and will be attached to your agreement.

Summary of the legal rights of tenants – section 3

The tenancy agreement is more or less the same for introductory tenants and secure tenants. However, if you are an Introductory tenant you have fewer rights and some additional conditions to comply with.

Throughout the tenancy agreement, where the rights of introductory tenants vary from those of secure tenants, they are clearly marked like this:

“If you are an Introductory tenant, you do not have the right to…” 

Similarly, where there are extra conditions for introductory tenants they are clearly marked like this: “introductory tenants only”.

Legal right	Secure tenants	Introductory tenants
Right to pass on your tenancy through succession or assignment	Yes	Yes
Right to repair	Yes	Yes
Right to be consulted on housing management	Yes	Yes
Right to Buy (some properties may be exempt)	Yes	No (but the introductory period counts towards the discount)
Right to take in lodgers	Yes	No
Right to sub-let (you may only sub-let part of your property)	Yes	No
Right to improve your home	Yes	No
Right to exchange your home with another tenant	Yes	No
Right to live in the property	Yes*	Yes*

*As long as you do not have a possession order made against you.