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Conditions of council tenancy

The types of council tenancy, your rights and responsibilities, what happens if you break the conditions, how to get a copy of your tenancy agreement and changing your conditions. 

What type of council tenancy have I got?

Secure lifetime tenancy

If your council tenancy started before 1 April 2013 you will probably have a secure lifetime tenancy.  If you do and you transfer to another council property you will still retain a lifetime tenancy. 

If your tenancy started after 1 April 2013 and you were aged 60 or over on the date the tenancy started you will also have a lifetime secure tenancy (unless you have a child in your household or a financial interest in another permanent residence).  

A secure tenancy agreement is a legal contract between you (the tenant) and us (the landlord), the conditions of tenancy set out the rights and responsibilities of both parties. Being a secure lifetime tenant gives you a number of legal rights – to exchange your home with another tenant, to buy your home, to pass on your tenancy when you die, to improve your home, to be consulted, to take in lodgers and to sub-let part of your home. You also have the right to stay in your home, unless we obtain a court order (known as a possession order).

The following pdf document is a copy of our secure tenancy agreement for tenancies starting on or before 31 March 2012:

Secure council tenancy agreement up to 31 March 2012 (pdf 296kb)

The following pdf document is a copy of our secure tenancy agreement for tenancies that started between 1 April 2012 and 31 March 2013: Secure council tenancy agreement from 1 April 2012 to 31 March 2013 (pdf 1mb)

The following pdf document is a copy of our secure lifetime tenancy agreement for such tenancies starting on or after 1 April 2013:

Secure lifetime council tenancy agreement from 1 April 2013 (pdf 694kb)

Flexible Secure Tenancies

All other new tenancies that start on or after 1 April 2013 will be flexible secure tenancies.

Five-year flexible secure tenancies are given to applicants under 60 years of age who do not have children residing with them, or the children residing with them are aged 16 or over on the day the tenancy starts.

Where a household contains one or more children under the age of 16 they will have a flexible secure tenancy for a minimum of five and a maximum of 21 years depending on the age of the youngest child on the day the tenancy starts.

The following pdf document is a copy of our flexible secure tenancy agreement for such tenancies starting on or after 1 April 2013:

Flexible secure council tenancy agreement from 1 April 2013 (pdf 695kb) 

More information about tenancy types can be found in our Council Housing Tenancy Policy.

Demoted tenancy

You may have a demoted tenancy if we have had to take you to court for anti-social behaviour, and the court has awarded us a demotion order. The order means that you lose certain tenancy rights for a year, such as the Right to Buy. If no further problems occur during the year your tenancy will automatically revert to a secure tenancy, but if the anti-social behaviour continues we will apply to evict you (this is a much faster process when the tenancy has been demoted).

Non-secure tenancy

If you applied for council housing because you are homeless or threatened with homelessness, you may have been given a non-secure tenancy while we determine your application, or while you are waiting for suitable accommodation to become available. A non-secure tenancy agreement is a two-year licence to occupy a property. It is a legal agreement between you and us, but it does not have the same rights as a secure tenancy. You will have to pay rent for the property (but may be able to claim housing benefit) and will have to abide by certain terms and conditions.

The following pdf document is a copy of our non-secure tenancy agreement.

Non-secure council tenancy agreement (pdf 170kb)

I’m a council tenant. What are my rights and responsibilities?

Your secure tenancy agreement is a legally binding contract between you and us, East Riding of Yorkshire Council; you are given a copy when you take your tenancy. It sets out your conditions of tenancy, which are your rights and responsibilities as a tenant, and our rights and responsibilities as your landlord. You should keep your tenancy agreement safe, as you may need to refer to it in the future.

If you are a joint tenant, you are responsible for all aspects of the tenancy both separately and jointly. You cannot share or divide up the rights and responsibilities. If one tenant breaks the conditions of the tenancy it is the responsibility of both tenants. If one joint tenant gives notice to terminate the tenancy, the whole tenancy will end. If you leave the property you are still responsible for the tenancy until you sign to end it or transfer it to someone else.

Your rights and responsibilities vary according to which type of tenancy you have, you should consult your tenancy agreement for more information.

The following pdf document is a copy of our secure tenancy agreement for tenancies starting on or before 31 March 2012, it details your rights and responsibilities:

Secure council tenancy agreement up to 31 March 2012 (pdf 296kb)

The following pdf document is a copy of our secure tenancy agreement for tenancies that started between 1 April 2012 and 31 March 2013. Secure council tenancy agreement from 1 April 2012 to 31 March 2013 (pdf 532kb)

The following pdf document is a copy of our secure lifetime tenancy agreement for such tenancies starting on or after 1 April 2013:

Secure lifetime council tenancy agreement from 1 April 2013 (pdf 694kb)

The following pdf document is a copy of our flexible secure tenancy agreement for such tenancies starting on or after 1 April 2013:

Flexible secure council tenancy agreement from 1 April 2013 (pdf 695kb)

If you have any queries regarding your conditions of tenancy please contact us.

Email: housing.services@eastriding.gov.uk

Tel: (01482) 393939

What happens if I break the conditionsof my council tenancy?

If you break any of the conditions of your tenancy we will contact you to discuss the matter with you, and to agree on a way to remedy the situation. As a secure tenant, you have the right to stay in your home; we can only end your tenancy if we obtain a court order (known as a possession order). The law sets out the circumstances in which a court will grant such an order, they are called grounds for possession.

The following pdf document sets out the grounds for possession.

Grounds for Possession of a Council Tenancy Information Booklet (pdf 74kb)

The Anti Social Behaviour, Crime and Policing Act 2014 introduced a new absolute ground for possession of secure and assured tenancies. The purpose of the absolute ground for possession is to speed up the possession process in cases where anti-social behaviour or criminality has already been proven in another court and removes the requirement to prove that it is reasonable to grant possession.

The following pdf document provides more information on the absolute ground for possession.

Absolute Ground for Possession Process (pdf 94kb)

As long as you pay your rent and you, and the people you are responsible for, follow the conditions of the tenancy we would not normally ask the court to make such an order.

Where can I get a copy of my council tenancy agreement?

You sign a copy of your tenancy agreement when you take your tenancy and are given a copy by your housing officer.

The following pdf document is a copy of our secure tenancy agreement for tenancies starting on or before 31 March 2012:

Secure council tenancy agreement up to 31 March 2012 (pdf 296kb)

The following pdf document is a copy of our secure tenancy agreement for tenancies that started between 1 April 2012 and 31 March 2013. Secure council tenancy agreement from 1 April 2012 to 31 March 2013 (pdf 532kb)

The following pdf document is a copy of our secure lifetime tenancy agreement for such tenancies starting on or after 1 April 2013:

Secure lifetime council tenancy agreement from 1 April 2013 (pdf 694kb)

The following pdf document is a copy of our flexible secure tenancy agreement for such tenancies starting on or after 1 April 2013:

Flexible secure council tenancy agreement from 1 April 2013 (pdf 695kb)

If you have any queries regarding which type of tenancy you have please contact us.

Email: housing.services@eastriding.gov.uk

Tel: (01482) 393939

Can the council change my conditions of tenancy?

Occasionally we may need to change your conditions of tenancy, usually to reflect changes in the law. This does not happen very often. When it is necessary we will send you a copy of the proposed changes and ask for your comments. We will also consult the council tenants forum.

When the consultation period has come to an end we will send you a formal notice explaining the changes. This will be at least four weeks before the new agreement is due to start. You will not need to sign the new agreement.

How do I report council tenancy fraud?

If you believe that someone has obtained their council home by deception, is breaking their conditions of tenancy, or have abandoned their home, please report it. You can report suspected council tenancy fraud online (opens in new window) or telephone our confidential hotline on (01482) 396301. 

There are several types of tenancy fraud:

  • Obtaining a home by deception - this means that someone gets a council tenancy by giving false information, such as not telling us that they already have a tenancy somewhere else

  • Swapping homes without permission - council tenants must have our consent before they can do a mutual exchange with another tenant

  • Sub-letting a council home to someone else - if a tenant rents their council home to someone else without our permission it is called unlawful sub-letting, and may be depriving someone on our waiting list of a home

  • Taking over a council tenancy on the death of the tenant when they are not entitled to - there are rules about who can take over a council home when the tenant dies including that they must have lived with the tenant before they died.

Tenancy fraud is a serious matter, and we need your help to stop it. You can report it anonymously - just please report it:

Report suspected council tenancy fraud online

or telephone our confidential hotline on:

Tel: (01482) 394949.