Knowing your rights as a social housing tenant

Occupation contracts

Your landlord will provide an occupation contract, either a secure contract (for councils and housing associations) or a standard contract (for the private rented sector). The occupation contract outlines your rights and responsibilities. It is a written statement and replaces a traditional tenancy agreement.

You contract covers essential details like:

• Key matters: for example, the names of the landlord and contract-holder and address of the property. These must be inserted in every contract.
• Fundamental terms: cover the most important aspects of the contract, including how the landlord gets possession and the landlord’s responsibilities regarding repairs.
• Supplementary terms: deal with the more practical day to day matters, for example, the requirement to notify the landlord if the property is going to be left unoccupied for 4 weeks or more.
• Additional terms: address any other specifically agreed matters, for example, the keeping of pets

You might have a paper contract or an electronic version. Signing the contract is good practice as it confirms you are happy with everything it says.

Fitness for human habitation

Landlords must ensure homes are safe, for example by fitting smoke and carbon monoxide alarms and having safety tests done. You should raise any concerns with your landlord and continue to pay rent while things are fixed. But if things are so bad you can’t live in the property, you don’t have to pay rent for that period.  If you believe that your property is unfit, but your landlord does not agree, it would ultimately be for a Court to decide.

Notice periods

Providing you haven’t broken the terms in your contract, your landlord must give you six months’ notice if they want you to move out.

Protection against retaliatory eviction

If you complain about property conditions, this shouldn’t result in eviction. Courts won’t let landlords evict tenants due to tenant complaints.

Joint contracts

Contract-holders can be added or removed from occupation contracts without needing to end one contract and start another. If you start a relationship, your new partner can move in with you. If you break up, one partner can move out of the property without affecting the other partner. Just let your landlord know.

Enhanced succession rights

If the contract-holder dies, they can pass on their home to another family member or carer that lives there with them currently. Their home can be passed on a maximum of two times – first to a priority successor (for example, a spouse/partner) and then a reserve successor (for example, an adult child or a carer).

Abandonment procedure

Landlords can repossess an abandoned property without a court order after serving a 4-week warning notice. If you know you are going to be absent from the property for more than 28 days in a row (for example, a hospital admission or an extended holiday) you should inform your landlord beforehand.

Supported accommodation

If you live in supported accommodation for more than 6 months, you become entitled to a supported standard contract. This is similar to a standard contract but with specific terms related to living arrangements and temporary exclusions.

Rent increases and disputes

Rent increases for community landlords follow the Social Rent Policy set by the Welsh Government. Issues with contracts or homes should be first addressed with the landlord.