Understanding Your Tenancy

The Localism Act 2011 placed an responsibility on Local Authorities to create a Tenancy Strategy to shape the Tenancy Policies of all the social landlords in their area. The Southend-on-Sea City Council Tenancy Strategy specifies which tenancies can be granted to council tenants.

South Essex Homes is the Arm's Length Management Organisation appointed by the Council to manage and maintain the local authority housing stock on behalf of the Council.

When you're offered a home, Southend-on-Sea City Council will tell you in writing what type of tenancy you qualify for. Five different types of tenancies/licences are offered:

  • Introductory tenancies
  • Secure tenancies
  • Assured Shorthold Tenancies
  • Non-secure tenancies
  • Licence agreement

Tenancy

A tenancy is an agreement that gives the tenant the right to occupy a property. It is what is known as an 'interest in land'. 

For a residential arrangement to amount to a tenancy (rather than a licence), three elements are essential:

  • Firstly, there must be certainty of term: For example, that might be a fixed term of two years, or it could be periodic with each period being a set period such as a week or a month.
  • Secondly, rent needs to be payable.
  • Thirdly, and most importantly, the tenant must have what's called 'exclusive possession' of the property. That is that they have the right to lock the door to their home and refuse to let others in, including the landlord. However, the landlord may access the property if they provide at least 48 hours' notice or in the event of an emergency.

Licence

A licence is only a permission to occupy or use a property - no interest in land is created. It's a contractual arrangement.

Examples of the use of licences in social housing include: -

  • Tenants in supported accommodation who may need to be moved quickly.
  • Decant accommodation where repairs are being carried out in the primary residence (so the tenant has been moved to a different property for the time being).

Introductory Tenancies

If you've never been a council tenant before, or you've had a break in your former council tenancy then you may be offered an Introductory Tenancy.

How long does my introductory tenancy last?

Your introductory tenancy will last for one year, which is called the 'intro period'

What rights do I have?

Introductory tenants don't have the same rights as secure tenants. They can't:

  • Take in lodgers
  • Carry out improvements to the home
  • Exchange properties with another tenant
  • Transfer the Tenancy
  • Exercise the right to buy the Property

Can you end my introductory tenancy or evict me?

Yes. We can take action to bring your tenancy to an end if you've broken the terms of your tenancy agreement, for example didn't pay your rent or caused serious anti-social behaviour (ASB) and we've worked with you to try to resolve the issues. If we want to end your tenancy, we would serve you with a Notice of Possession Proceedings.

If you seriously or consistently break the terms of your tenancy, we'll ask the court for permission to evict you. We'll only evict you if what you've done is serious and the court agrees with us.

We'll always try to work with you to provide support before we take legal action. Behaviour that may lead to us ending your tenancy includes:

  • Rent arrears or constantly not paying your rent on time
  • Nuisance, annoyance, or harassment in the area you live
  • Using your home for criminal activities
  • Deliberately damaging your home, gardens, or shared areas
  • Giving false information to get the tenancy
  • Not looking after your home or garden

Can I ask you to review your decision to end my Introductory Tenancy?

You have the right to ask us to review our decision. Information on how to request a review, how long you have to request this, and contact information, will be on the Notice of Possession Proceedings.

Can you extend my Introductory Tenancy?

Yes. We can extend your introductory period by a further six months if you've broken the terms of your tenancy agreement, for example not paid your rent or caused serious anti-social behaviour (ASB). We would normally have warned you about your behaviour and worked with you to resolve the issues. 

We give Notice of Extension papers to introductory tenants when they have broken the conditions of their tenancy. The legal action we're taking will result in us extending your introductory tenancy by six months.

Can you review the decision to extend my Introductory Tenancy?

You have the right to ask us to review our decision. Information on how to request a review, how long you have to request a review, and contact information, will be on the Notice of Extension.

Where can I get independent advice?

If you want independent advice about your situation, you should contact Citizens Advice, a housing-aid centre i.e. Shelter, law centre, or a solicitor.

If you want advice about the possibility of homelessness, you should contact the Council's Housing Solutions Team on 01702 215000.

Secure Tenancies

After successful completion of an Introductory Council Tenancy, you can move on to a Secure Council Tenancy.

A Secure Tenancy is also given to those tenants that move by way of a transfer or mutual exchange and were a Secure Council Tenant or an Assured Housing Association Tenant at their previous property before the move took place.

As a secure tenant you can live in your home for the rest of your life as long as you comply with your tenancy agreement.

What rights do I have?

Secure tenants have a number of rights that other tenants don't have including:

  • The right to exchange your home with another council or Housing Association tenant provided you've applied for and received our permission
  • Subject to eligibility, you may have the Right to Buy your council home
  • The right to make improvements to your home, provided you have our written permission
  • Right to assign your home (give it to someone else) or apply for a transfer, subject to eligibility
  • Right to take in a lodger, subject to eligibility
  • Right to sub-let part or all of your home, with our written consent

Can you evict me?

Yes, but evicting a tenant is a last resort. If you seriously or consistently break the terms of your tenancy, we'll ask the court for permission to evict you. We'll only evict you if what you've done is serious and the court agrees with us. We'll always try to work with you to sort out any problems before we take legal action.

Behaviours that may lead to us ending your tenancy include:

  • Rent arrears or constantly not paying your rent on time
  • Causing nuisance, annoyance, or harassment in the area where you live
  • Using your home for criminal activities
  • Deliberately damaging your home, gardens, and shared areas
  • Giving false information to get the tenancy
  • Not looking after your home or garden

Assured Shorthold Tenancies

An assured shorthold tenancy (AST) usually lasts for 6-12 months and is the most common type of tenancy in the Private Rented Sector (PRS) for tenancies started on or after 15 January 1989. Local authorities cannot use ASTs directly.

However, in limited cases, ASTs may be used by the council's ALMO South Essex Homes under a lease agreement. Where a property is not able to be used as a secure tenancy, the property can be brought back into short to medium term use under an AST agreement.

Do I have the right to buy with an AST?

No.

Can I take in a lodger?

This may be possible as long as in so doing you are not making your home over-crowded. You would need to seek our permission if you are interested in allowing a lodger/friend or family member to move into your home.

Can I swap my tenancy with another social housing tenant?

No, an AST doesn't have the same security of tenure as a secure or assured tenancy with a Registered Provider so unfortunately you cannot mutually exchange your property if you have an AST.

Can my partner succeed to the tenancy if I die?

No. There are no rights of succession or assignment with an AST.

Can I stay in my property as long as I like when I have an AST?

An AST issued by South Essex Homes is usually granted for an initial period of 12 months. After this date it will revert to a rolling monthly periodic tenancy. If you wish to leave you will need to give 4 weeks written notice.

If we need to get possession of the property or have concerns that you have breached the tenancy conditions in some way, then we would serve you with the required notice and start possession proceedings. You are only required to leave the property if the court grants a possession order. 

Non-Secure Tenancies and Temporary Accommodation Licences

Non-secure tenancies and temporary accommodation licences are a type of housing arrangement provided under specific circumstances outlined in Part 7 of the Housing Act 1996.

These tenancies and licences are granted to people or households facing homelessness or at risk of homelessness, as part of the Local Authority duties to prevent or reduce homelessness.

Unlike introductory or secure tenancies, non-secure tenancies and licences do not offer the same level of long-term security or tenancy rights and are used as temporary housing solutions.

How long will I be able to stay in this type of tenancy or licence?

The length of time you can stay in a non-secure tenancy or on a temporary accommodation licence varies. Generally, it depends on your personal circumstances and the local authority's duty to provide housing. Non-secure tenancies and licences are temporary and are often in place until a more permanent solution is found, or until the authority's duty is discharged.

What rights do I have?

Non-secure tenants and tenants on a temporary accommodation licence have limited rights compared to secure tenants.

You may not have the right to buy your property or request certain improvements. However, you are entitled to basic tenant rights, including the right to live in a safe property and to receive repairs and maintenance as needed.

Can I request a transfer to a secure tenancy?

Non-secure tenancies and temporary accommodation licences are intended as temporary housing. In most cases, if you require a more permanent solution, the local authority will conduct an assessment of your housing needs and determine your eligibility for an introductory tenancy or other long-term options.

Transfers are not provided directly from non-secure tenancies/licences to secure tenancies, but you may be eligible to apply for housing or be prioritised based on your circumstances.

Will I be given notice if I need to leave the property?

Yes, non-secure tenants and tenants on a temporary accommodation licence are provided with notice before they need to vacate the property. The length of notice may vary but is usually shorter than for secure tenancies.

South Essex Homes will work with you to ensure you have as much notice as possible and Southend City Council may assist you in finding alternative accommodations if their duty to provide housing is ongoing.

What happens if I'm asked to leave or my tenancy/licence ends?

If you're asked to leave, it usually means the local authority has fulfilled its duty to provide housing or has found an alternative solution for you.

Southend City Council may offer advice and support to help you find another place to live, but the type and amount of assistance will depend on your situation and whether you still qualify for housing support.

Can I have repairs or changes made to the property?

As a non-secure/temporary accommodation tenant, you are entitled to live in a safe, habitable property. Necessary repairs and maintenance will be carried out by South Essex Homes contractors. However, you typically cannot make significant changes or request improvements that you might with a more secure form of tenancy.

What is an “interim duty”?

An interim duty is the local authority's responsibility to provide temporary accommodation while they assess your homelessness application and decide on your eligibility for long-term support. Non-secure tenancies and temporary accommodation licences are often used to fulfil this duty until a final decision is made.

Can I end my non-secure tenancy early?

Yes, if you find alternative accommodation and wish to leave your non-secure tenancy, you can do so. You must notify South Essex Homes in writing providing the required notice period.

Further Information

If you have further questions or need assistance regarding your tenancy, contact your Tenancy Support Officer on 0800 833 160 or via email tenancyservices@seh.southend.gov.uk. They can provide additional guidance on your rights, responsibilities, and options.