Social Housing: Rights for Council and Housing Association Tenants
Social housing tenants have some of the strongest tenancy protections in the UK. Council tenants typically have a 'secure tenancy' and housing association tenants usually have an 'assured tenancy', both provide significant security of tenure, repair rights, and other protections. This guide explains your key rights as a social housing tenant.
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England, Scotland, Wales & Northern Ireland.
Types of social housing tenancy
- Strong security of tenure
- Landlord needs a court order to evict
- Right to buy (where still available)
- Succession rights for family members
- Right to sublet or take in lodgers (with permission)
- Similar protections to secure tenancy
- Eviction requires court order
- Right to acquire (similar to right to buy)
- Succession rights
- Landlord must follow Housing Ombudsman code
Your right to repairs
Social landlords (councils and housing associations) have strict legal obligations to keep your home in good repair. These are stronger in some respects than the obligations on private landlords.
- ✓The Landlord and Tenant Act 1985 (s.11) requires landlords to maintain the structure, exterior, and services
- ✓The Homes (Fitness for Human Habitation) Act 2018 requires the home to be fit to live in throughout the tenancy
- ✓Social landlords must also comply with the Decent Homes Standard
- ✓Urgent repairs (heating failure, flooding, serious damp) should be addressed within 24 hours
- ✓You can report disrepair to the council's housing department, and if that fails, to the Housing Ombudsman
Succession rights, inheriting a tenancy
When a secure or assured tenant dies, a family member may be able to succeed to the tenancy:
- ✓A surviving spouse or civil partner who lived in the property has the right to succeed
- ✓Other family members who lived there for 12 months before the death may also be able to succeed, but councils have discretion
- ✓Only one succession is usually allowed per tenancy
- ✓Check your tenancy agreement and local authority's policy
- ✓If succession is refused, you must be given the opportunity to challenge the decision
Transfers and mutual exchanges
- ✓Secure and assured tenants have a statutory right to request a mutual exchange, swapping homes with another social housing tenant
- ✓Your landlord must agree unless there is a specific legal reason to refuse
- ✓You must get written consent before moving, moving without consent can end your tenancy
- ✓You can find exchange partners through Homeswapper, Mutual Exchange Online, or your local council
- ✓If you need a larger or smaller home, you can apply to transfer, but transfers are discretionary and depend on housing need and availability
Complaining about a social landlord
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A Citizens Advice appointment can take weeks. Our free assistant is available 24/7 with no appointment, giving you clear, step-by-step answers about your exact situation, what to do next, and the deadlines that matter.
Need to take action? It can draft a ready-to-send formal letter for you (optional, from £4.99).
England, Scotland, Wales & Northern Ireland.
Frequently asked questions
What is the difference between a secure tenancy and an assured tenancy?
Secure tenancies are held by council tenants and provide the strongest long-term protection. Assured tenancies are held by housing association tenants and provide similar but slightly different rights. Both give you the right to live in the property indefinitely as long as you comply with the tenancy conditions. They also give you succession rights and protections against eviction without a court order.
Can I pass my social housing tenancy to a family member when I die?
Yes, but succession rights are limited. You can usually pass a secure or assured tenancy to a spouse or civil partner living in the property, or in some cases to another family member who has lived there for at least 12 months. However, succession can only happen once, if the tenancy was already succeeded to, it cannot be passed on again.
Can I transfer or exchange my social housing tenancy?
Yes. Mutual exchange allows you to swap your social housing tenancy with another social housing tenant, even if they are with a different landlord or in a different area. You both need your landlord's permission, which can only be refused on specific grounds. You can find exchange partners through platforms like HomeSwapper.
How do I complain about a social housing landlord?
Start by raising the issue formally with your landlord in writing. If unresolved after 8 weeks, you can escalate to the Housing Ombudsman Service (England). In Scotland, complaints go to the Scottish Public Services Ombudsman. The Ombudsman can order the landlord to apologise, take action, and pay compensation, decisions are binding.
What repairs is my social landlord responsible for?
Social landlords must keep the structure and exterior of the property in repair, ensure heating and hot water systems work, and maintain gas, electrical, and water installations. Since 2021, the Homes (Fitness for Human Habitation) Act means all social rented properties must be free from serious hazards. Emergency repairs (no heating in winter, water leaks) must be fixed within 24 hours.
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