Local Authorities / Policy

Non-Secure Tenancies

Summary

A Council will sometimes house people under a Non-Secure rather than a Secure Tenancy. This may happen for example if there is a need to house temporarily under Homeless legislation, or when the property is leased from an owner and has to be returned to the owner at the expiry of the lease.

While Non-Secure tenants do not enjoy the same rights as secure tenants, they are also expected to adhere to a specific set of tenancy conditions.

Further Information

Non-Secure Tenancy Agreement.

Clauses that should be included in an agreement include the following:

• The tenant shall have a non-secure tenancy which will commence on a Monday. Rent and other charges are as stated on the rent card and are due weekly in advance on a Monday.
• The tenant has the right to remain in the property unless ordered to leave by the Court. The Council can only repossess the property by giving in writing to the tenant a Notice to Quit. This should specify a date not less than four weeks from the Notice when the Council could apply to the Court for a Possession Order.
• The Council may without terminating the tenancy vary the terms of the tenancy and the charges by giving the tenant four weeks notice in writing.
• The tenant may end the tenancy by giving four weeks notice in writing to the Council. This must reach the Council by noon on a Monday. In the case of a joint tenancy, one tenant can terminate the tenancy on behalf of both.
• A Council will insure the structure of the dwelling including the landlord’s fixtures and fittings, but tenants are reminded that they are responsible for insuring their personal possessions and property against all risks.

The Council’s Responsibilities     

• The Council will give the tenant possession of the premises at the start of the tenancy and will not interrupt or interfere with the tenant’s peaceful occupation.
• The Council will keep in good repair the structure, landlord’s fixtures and exterior of the building.
• The Council will keep in good repair and proper working order all it’s installations for the supply of water, gas and electricity, for sanitation and for space and water heating.
• In the case of flats and maisonettes, the Council will keep in good repair all common areas, entrance halls, halls, stairways, lifts, rubbish chutes and other items for common use.
• The Council will decorate the exterior of the property as and when necessary. 
• The Council will ensure that, within reason, your home will be in a good state of interior repair at the start of the tenancy, except when a mutual exchange has occurred.
• The Council will allow the tenant to inspect his/her tenancy file, upon being given at least 7 days notice in writing in accordance with the Data Protection Act 1998.
• The Council will allow the tenant at his/her own expense, to improve, redecorate and extend the premises, provided permission has been given before work commences, and any other necessary consent has been obtained.

The Tenant’s Responsibilities

• The tenant will pay the rent and other charges regularly and promptly
• The tenant shall give such information to the Council as to persons living in the property as the Council may reasonably require for management and/or administrative purposes.
• The tenant shall keep the gardens and hedges properly maintained, and shall not without the written consent of the Council, cut down trees on the premises.
• The tenant shall not, without the express written consent of the Council, keep animals fowl and pigeons.
• The tenant shall not cause, or allow other occupiers and visitors to cause a nuisance or annoyance to the neighbours.
• The tenant shall not assign sub-let or part with possession of the property or any part of it.
• The tenant shall not store at the property any petrol or similar material that creates a fire risk. Smoke alarms at the property must be tested once a week. If the smoke alarms require batteries this is the tenant’s responsibility. Any faults in the alarms should be reported immediately.
• The tenant shall not, without the written consent of the Council, erect any garage, shed or building on the premises.
• The tenant shall allow officials or agents of the Council to enter the property in order to inspect it, carry out repairs or to ensure compliance with the tenancy conditions. The Council will usually give 24 hours notice. In an emergency the Council’s employees may enter the property suing reasonable force if necessary, if in the opinion of the Council there is a risk of personal injury or damage to neighbouring property.
• The tenant shall take all reasonable precautions to prevent damage to the premises by fire, frost or other causes, and will ensure that any chimneys in use are swept as often as required, but at least once a year. 
• The tenant shall keep the interior of the premises in reasonable decorative order and replace immediately at his/her expense, any cracked or broken glass in the windows and doors where the breakage has resulted through tenant neglect or damage.       
• The tenant shall report as soon as possible any defects on the premises.
• On ending the tenancy the tenant must give the Council vacant possession, leave the property in a clean and tidy condition, clear of all belongings and return the keys to the property within 24 hours.
• At the end of the tenancy, the tenant shall leave the dwelling and the Council’s fixtures and fittings in the same state as they were at the start of the tenancy, fair wear and tear excepted.
• Any notices or consents required under the above terms must be in writing and posted or delivered by the Council to you at the property, and by you to the Council.

The Tenants Charter

The 1985 Housing Act gives secure tenants certain rights that exist independently of the tenancy agreement. Some of the rights include The Right to Buy; The Right to Exchange; The Right to Succession; The Right to Take in Lodgers; and the Right to Sublet. A non secure tenancy is excluded from these rights which are contained in the Tenants Charter.

Downloads

Offer Letter/Agreement for Non-Secure Tenancy

External Links

Communities and Local Government - Information on social housing