Social Landlords and Housing Co-operative
If you are tenant of a social landlord or a member of a housing co-op there are certain rules regarding eviction. It’s important to know what your rights are, who you can enforce them against and when.
Landlords of Social Housing and Local Authority Tenants
If you are a tenant in social housing, your landlord is either the local authority or a housing association. Social landlords are regulated by the Homes and Communities Agency (which is government-run).
Types of Tenancies
If you are a housing association tenant, the type of tenant you are depends on when the tenancy started. If the tenancy started before the 15th of January 1989, you will be a ‘secure tenant’. If your tenancy started on or after this date (which will include most tenants) you will be an ‘assured tenant’. Housing association tenants can begin as a starter tenant for the first 12-18 months of the tenancy. If you are a local authority tenant, you will be either a ‘secure tenant’ or an ‘introductory tenant’.
Secure tenants can only be evicted in certain circumstances including rent arrears or if you have damaged the property – essentially you can remain as long as you keep to the terms of the tenancy agreement.
Assured tenants can remain on very similar terms to secure tenants and it will be difficult for the landlord to have you removed.
For secure and assured tenancies, the landlord would need to prove the ground and give proper notice to you to have you removed.
These tenancies have different rights relating to repairs, subletting, succession and taking in lodgers.
Starter tenants -
Introductory tenants have similar rights to secure tenants but there are a few limitations, for example introductory tenants cannot sublet part of their home. Introductory tenants can also be easily evicted.
Disputes in Social Housing
There are quite a number of issues which can arise in social housing. There are different agencies to speak to and we can assist in negotiating disputes. Some issues you may require advice on include:
Repairs and the right to make improvements
A housing co-operative is a group of people who live in and collectively manage housing together. They jointly make decisions are repairs, rent and who can live there. The most common complaints regarding housing co-ops is mismanagement. The Homes and Communities Agency regulates housing co-operatives and has various powers if a dispute arises. We can assist in negotiating disputes and making complaints.
How We Can Help
If you are a tenant in social housing and you are facing eviction or have some other dispute such as a failure to carry out repairs, please contact us. As there are a number of different types of tenancy and each have different rights we can explain your rights and what remedies may be available in your particular circumstances. We are committed to defending your rights and obtaining the best outcome for you.
To talk to us about social landlords and housing co-ops, please call our Bayswater office on freephone 0800 524 4709 to make an appointment or fill in our contact form.
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