Council Tenancies

If you live in a self-contained council house or flat and are the person named on the tenancy agreement or rent book, you are probably what's called a 'secure' tenant. The main exceptions to this are:-

• Introductory tenants. Some councils give new tenants an introductory tenancy for one year. If you do not stick to the terms of your tenancy agreement, the council can evict you very easily. After a year, introductory tenancies automatically become secure tenancies.
• People housed because they were homeless rather than being given a home through the waiting list. But if you were housed before 1 April 1997, the situation is not so clear, and you should get advice.
• People living in accommodation that is tied to their job because they work for the council.
• Designated student lets.

If you are not sure whether you are a secure tenant or not, you should get advice. People in council hostels or temporary accommodation are generally classed as licensees rather than tenants. If you want to end the tenancy If you want to leave your council house or flat, you can do so by giving notice, usually of four weeks. If you have a joint tenancy, and one tenant wants to leave, the legal situation can be complicated, and you should get advice.

.: If the council wants you to leave.

In most cases the council must serve notice to end a tenancy. If you do not leave by the end of the notice period, the council can start possession proceedings in court. You will normally get at least four weeks' notice that the council is applying to court, unless the council wants you to leave because you have been a nuisance to your neighbours. If the court awards an outright possession order, and you still do not leave, the council can ask the court to call in bailiffs to evict you.

Instead of outright possession, the court may grant an adjournment or a suspended order. An adjournment is when the hearing is put back to give you time to prepare your case. A suspended order may be made if you are behind with your rent, allowing you to stay in their home as long as you pay off a certain amount each month or week. As with private tenancies some of the reasons for possession are discretionary', so the court will have to decide whether evicting you would be reasonable.

In other cases, the court must grant possession if the council can prove its reason for wanting to, and that it can find you somewhere else suitable to live. Some of these other reasons are complicated, and you should get advice. The council may also be able to evict you if your husband or wife or partner has been forced to leave the home because of violence or threat of violence, and is unlikely to return.

.: Rent increases

If the council wants to increase your rent, it will usually give you notice in writing. If you pay rent weekly you should be given at least four weeks' notice. Council rent increases are very difficult to challenge in the courts.

.: Responsibility for repairs.

You should tell the council about things that need repair as soon as possible. It is best to do this in writing and keep copies of letters. Some councils have their own guidelines on how long it should take to do a repair, depending on how urgent it is. If minor repairs are not done within a reasonable time, you should be able to claim compensation of up to £50. For bigger problems, as a council tenant, you have many of the same legal options as private tenants.

The main difference compared with private tenants is that you can't get the council to take action against itself, as the landlord, to repairs done. If the poor state of your home is affecting your health, or your home is unfit to live in and the council won't fix it, you could take a complaint to the magistrates' court under the Environmental Protection Act 1990 or the Housing Act 1985. But you will need expert advice before doing this.

You could also try putting pressure on the council through a tenants' association or your local council or Tenants' associations may have the right to take over looking after their homes from the council under the 'right to manage scheme. You can get information about this from the Department of the Environment, Transport and the Regions or the National Assembly for Wales. As a council tenant, you may be able to get compensation from the council for certain improvements you have made to your home. You will have fewer rights to repairs if you are in temporary council accommodation and the property is due for renovation or demolition.

.: Your right to buy your home.

If you have a secure tenancy, you will generally have the right to buy the freehold of your house, or a 125-year lease if you live in a flat. To claim this right you must have lived in a public- sector home (council, housing association or similar) for at least two years. The cost of buying your home will be the market value, but with a discount based on how long you have lived in public-sector housing. The local council will say what it thinks is the market value.

If you disagree with this, you can appeal to the District Valuer. If you sell your home within three years, you will have to repay some or all of the discount. But even within the three years you can pass it on or leave it to certain family members, without anyone having to pay back any money. You can get more details of right-to-buy schemes from your council.

.: Complaining about your council.

If you have a problem with your council and it hasn't dealt with your complaint properly, you can take your case to the Local Government Ombudsman.