04. 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 your agreement. You should get advice if you are not sure whether you have a secure tenancy 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 you are still in a 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 clause', 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 one of two types of order:

• An adjournment, which is when the hearing is put back to give you time to prepare your case. An 'adjournment on terms' is when the court delays the hearing for a fixed period or even indefinitely as long as you pay the rent and a regular amount towards the arrears.
• A suspended order, which is when you are allowed to stay in your home as long as you stick to certain conditions, such as paying off a certain amount of arrears each month or week or not causing a nuisance to neighbours.

If you have an assured or assured shorthold tenancy, your rights as a tenant are broadly the same as for a private tenant of the same type (for more information, see page 9). However, many housing associations give their tenants extra rights. 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 Service. But if you think your rent is too high, you can make your case to the Rent Service (see 'Further help').

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 (see 'Rent increases').

In many areas, housing association rents are lower than market rents and so can be difficult to challenge.

Responsibility for repairs
You generally have the same rights and means for getting repairs done as a private tenant does. This includes the right to take civil action or to get an injunction in court or to get your local council involved if your house or flat is unfit to live in (see 'Responsibility for repairs'). If repairs are not done by a housing association or registered social landlord after a reasonable time, you could also use the landlord's complaints procedure (see 'Complaining about your landlord' right).

Buying your rented home
Some housing association tenants have the right to buy their home. Most secure tenants, and people whose homes have transferred from the council to a housing association since they moved in, have the right to buy. This works in the same way as the right to buy for a secure council tenant.

Other tenants may be able to buy through the 'right to acquire' scheme. This is similar to the right to buy, but discounts are usually lower and fewer properties qualify.

The housing association can give you information about the right to buy, the right to acquire and any other home-ownership schemes that may be available.

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 unhappy with its response, you should contact the Housing Ombudsman Service (see 'Further help').