Types of Tenancies

What is a Secure Tenancy?

Secure Tenants have landlords who are public bodies such as Local Authorities (Councils). Most Council tenants have secure tenancies. These do not have a time limit and the named tenant has to right to stay in a secure tenancy for as long as they want , so long as they do not break the terms of the tenancy (e.g by making noise nuisance or harassing others or not paying their rent). The landlord must get a Court Order if they want to end the tenancy. The property must be a place to live in. The tenant must be an individual rather than a company or charity etc. The property must have been let as a separate place to live in.

What is an Assured Shorthold Tenancy?

These type of tenancies are usually granted by private landlords. It gives limited rights. Some Housing Association tenants may also have Assured Shorthold Tenancies. An assured shorthold tenancy is a tenancy that gives you a legal right to live in your accommodation for a period of time. Your tenancy might be for a set period such as six months (this is known as a fixed term tenancy). Or it might roll on a week to week or month to month basis (this is known as a periodic tenancy). If your tenancy is for a fixed period of time such as six months (a 'fixed term' tenancy) you can only be evicted during the fixed term if your landlord has a reason to do so. If your tenancy is for an indefinite period of time (a 'periodic' tenancy) your landlord can evict you by giving you two months' Notice at any time without needing a reason.

Your landlord must give you the correct written Notice then get a Possession Order from the court before you will have to leave. If you are an Assured Shorthold Tenant and your landlord has followed the correct procedure there is no way you can avoid having to leave. If your landlord has to take you to court to force you to leave you will probably have to pay the landlord's court costs. Most tenants leave before the Notice ends if they are able to.

What is an Introductory Tenancy?

Since the Housing Act 1996, Local Authorities have the option of giving Introductory Tenancies to new tenants. Where Councils start an Introductory Tenancy Scheme then it must apply to all new tenancies.

Most Council tenancies are Secure Tenancies which are provided with a range of legal rights relating to security of tenure throughout the whole period of the tenancy.

An Introductory Tenancy however will last for the first 12 months (the trial period or probationary period). If there are no problems associated with the tenancy during this period then the tenancy will automatically become a Secure Tenancy on the anniversary of the date the tenancy started.

The tenant will then have all the rights and responsibilities of a secure tenant.

Introductory Tenants have fewer rights than secure tenants and can be evicted more easily.

Your Tenancy Agreement will tell you if you are an Introductory Tenant or a Secure Tenant.

What is a licence?

People housed in hostels and shelters will often be "on license". Landlords do not need a Court Order to evict you if you are "on licence"; you can be asked to leave at any time with little or no Notice. Workers in tied - accommodation are often on licence. Homeless applicants are housed on licence by many Councils, which is a non secure occupancy and you are entitled to 4 weeks Notice if the Council requires you to leave; they also may need a Court Order to evict you.

What is an Assured Tenancy?

These type of tenancies are usually granted by Housing Associations or Housing Trusts etc. They offer some security in that as long as you do not break the terms of the Tenancy Agreement you can continue to live in the property (unless the tenancy is an Assured Tenancy for a fixed term in which case it will come to an end at the end of the fixed term).

An Assured Tenancy must:

• Be let as a separate residence. There can be some shared facilities with other tenants (but not the landlord) as long as the unshared accommodation is separate.
• Tenants must be individuals, not companies.
• Tenants must occupy the property as their principal home.
• The property must not have a high rateable value (high rateable value is usually over £1,500 in London and over £750 elsewhere) or if the tenancy is granted after the 1st of April 1990, rent must not be more than £25,000 per annum.
• Tenancies at low rent cannot be assured tenancies (i.e. rent free or less than two thirds of the rateable value, or if granted after 1st April 1990, less than £1,000 per annum in London or less than £250 elsewhere).
• The property cannot be business premises or licenced premises such as public houses.
• The property cannot be agricultural or holdings.
• The lettings to students by certain educational institutions are excluded.
• Holiday lettings are not classed as assured tenancies if the right to occupy is simply for a holiday.
• A tenancy cannot be an assured tenancy if there is a resident landlord, (this does not apply to purpose-built blocks of flats).
• Crown tenancies (this does not include properties owned or managed by the Crown Estates Commissioners).
• If any of the above exceptions apply then the tenancy will not be a secure tenancy.

What is a Starter tenancy?

If you have just moved into a new tenancy with a Housing Association, you may be initially given a starter tenancy. This has a probationary period, which is usually for one year only. After this period ends, your tenancy will normally be changed to an assured tenancy if you have kept to the terms of your tenancy agreement during that period.

Agricultural Tenancies. If you believe you have tied accommodation you can download a comprehensive booklet about it and your rights from the Communities and Local Government website.

There are different types of tenancies. This is a brief guide only. If your accommodation comes with your job you may have a service occupiers licence. This means that you only have rights to occupy your accommodation while you are employed. This is different from agricultural tied accommodation where you have more protection against eviction.

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