Housing association tenancies

In recent years, many council homes have been transferred to housing associations. As well as housing associations, there are other bodies providing 'social housing' such as housing trusts and co-operatives. Those that are registered with the Housing Corporation (in England) or National Assembly for Wales are called 'registered social landlords' (RSLs). As with council or private landlords, there are different types of
tenancy.

• If your tenancy began (or you were transferred from a local council) before 15 January 1989, you probably have a 'secure tenancy, similar to most council tenancies.
• If your tenancy began on or after 15 January 1989, you probably have an 'assured' or 'assured shorthold' tenancy, similar to those with private landlords.

These may be for fixed terms (of, for example, six months) or 'periodic' (running from week to week or from month to month).With other kinds of social housing provider, such as a trust or co-operative, you won't automatically have a secure tenancy. You need to check the terms of you agreement. You should get advice if you are not sure whether you are a secure tenant or not.

.: If you want to end the tenancy.

If you want to leave your house or flat, you can do so by giving notice, usually of four weeks, If there is an unexpired fixed term in the tenancy, your landlord can insist that you pay rent until the end of the fixed term. Some fixed tenancies have a 'break lease' which allows you to leave before the fixed term expires. 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 landlord wants to end the tenancy.

In most cases, the housing association or other landlord must serve notice on you to end a tenancy. If you don't leave by the end of the notice period, the landlord can start possession proceedings. If the court awards an outright possession order, and you still won't leave, the landlord 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, and allows you to stay in your home, as long as you pay off a certain amount each month or week. If you have an assured or assured shorthold tenancy, your rights as a tenant are the same as for a private tenant of the same type. If you have a secure tenancy, your rights are the same as for a secure council tenant.

.: Rent increases.

Housing association and 'registered social landlord' tenancies which started before 15 January 1989 are protected by 'fair rent' controls, which means the landlord has to apply for a rent to be fixed by the Rent Officer Service. But if you think your rent is too high, you can make your case to the Rent Officer Service. For assured and assured shorthold tenancies, there is little legal control over rent levels. Your rights are the same as for the same types of tenancy with a private landlord.

.: Your right to buy your home.

If you have a secure tenancy, you may 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. If you were a council tenant who transfarred to a registared housing association, you keep your right to buy your home. You can get more details of right-to-buy schemes right your Landlord. The Housing Corporation has special schemes to help registered social at landlord tenants on lower incomes to buy their homes.

.: Complaining about your landlord.

Your rights and responsibilities as a housing association or registered social landlord tenant are set out in the Housing Corporation charter. You can get a copy from your landlord if you don't already have one. If you have a complaint, you should first take it up with the housing association or registered social landlord using its complaints procedure. If you are not happy with its response, you should contact the Independent Housing Ombudsman.