Here are the rights you hold as a tenant of one of our properties.
Rights of secure and introductory tenants
Below is a table summarising the legal rights of tenants:
Legal right Secure tenant Introductory tenant
Right to succession of partner/family member (*1) Yes Yes
Right to repair Yes Yes
Right to be consulted on housing management issues Yes Yes
Right to assign Yes Yes
Right to buy Yes No (*2)
Right to take in lodgers Yes No
Right to sub-let Yes No
Right to improve Yes No
Right to exchange Yes No
Right to vote prior to transfer to new landlord Yes No
Right to be consulted on decision to delegate housing management Yes Yes
Right to participate in housing service monitoring Yes Yes
(*1) a family member will only succeed if the tenancy started before 1 April 2013
(*2) the introductory tenancy period counts toward the discount
The Homes Fitness for Human Habitation Act 2018
The Homes Fit for Human Habitation Act (HFHHA) came into force in 2019 and means that rented homes must be safe, healthy and free from things that could cause serious harm. Landlords must ensure that their properties, including any common parts of the building, are fit for human habitation at the beginning of the tenancy and throughout. The Act states that there is an implied agreement between the tenant and landlord at the beginning of the tenancy that the property will be fit for human habitation. The Act applies to both social rented properties and privately rented.
Under the HFHHA tenants:
- have a statutory right of action if they believe the property is not fit for habitation. This right of action allows tenants to take their landlords to court to seek damages or compensation.
- have the right of reasonable access. For carrying out repairs, your landlord should usually give you at least 24 hours’ notice and the visit should be within ‘reasonable’ hours.
- should be given up-to-date copies of the Gas Safety Certificate and Electrical Installation Condition Report for their home.
Find out more about the Homes Fitness for Human Habitation Act 2018.
Grounds for possession
You have the right to quiet enjoyment of your home. This has nothing to do with noise but means you can live in your home without the council interfering so long as the tenancy conditions are not broken.
There are certain reasons (grounds) which may entitle the council to get an eviction order. These are specified in Schedule 2 of the Housing Act 1985 and are outlined below.
Ground 1
There are rent arrears or a term of the tenancy has been broken.
Ground 2
Anti-social behaviour has been caused by the tenant or someone else living in or visiting the property, including allowing the property to be used for illegal or immoral purposes.
Ground 2a
There has been domestic violence by a resident partner causing the victim to leave. This includes violence towards any victims’ family living with them.
Ground 2za
The tenant, or an adult living in the property, has been convicted of an offence which took place during and at the scene of a riot anywhere in the UK. The offence must have been committed on or after 13 May 2014.
Ground 3
The tenant or anyone else living in the property allows the property or any common parts to fall into a bad state of disrepair owing to acts of waste or neglect
Ground 4
Any furniture provided by the council in the property or common parts has been mistreated by the tenant or anyone else living in the property.
Ground 5
The tenant or joint tenant made a false statement to obtain the tenancy either deliberately or without caring if the statements were true.
Ground 6
The tenancy was assigned to the tenant (or a family member who used to be the tenant, who still lives in the property) as part of a mutual exchange and money has been paid in connection with the exchange.
Ground 7
The property is part of a building used mainly for non-housing purposes which was let to the tenant as an employee of the council and the tenant is guilty of conduct that means it would be inappropriate for her or him to continue to occupy.
Ground 8
The property was provided whilst major repair works were being carried out on your previous property and you understood that you would have to return to that property when the works were finished.
The council can also use the following reasons, but would have to provide suitable alternative accommodation before seeking eviction:
Ground 9
The property is statutorily overcrowded and the tenant is guilty of an offence under part 10 of the Housing Act 1985. The offence of statutory overcrowding is not committed where there has been a natural growth in family size.
Ground 10
The council needs to demolish or reconstruct or carry out major works to the property and it is not reasonable for the tenant to remain there. If the tenant agrees to vacate the premises temporarily while the works are carried out then there may be no need for possession.
Ground 10a
The property or part of it is in an area which has been highlighted for a redevelopment scheme approved by the Secretary of State and the council intends to sell the property for the scheme.
Ground 11
This ground does not affect Chesterfield Borough Council tenants. Where the landlord is a charity and it would conflict with the charitable objectives of the charity for the tenant to remain in occupation.
Ground 12
Where the property is situated in a cemetery or part of the property forms part of a building or is connected to a building which is used for other purposes and your property was let to you as part of your employment and the council needs the property to house someone else employed to do that job.
Ground 13
The property has been substantially modified for a disabled person and the present tenant does not need the modifications and the council needs the property for someone who is disabled.
Ground 14
This ground does not affect Chesterfield Borough Council tenants as it is used by landlords who are housing associations or trusts which only lets their accommodation to a particular group of people and there is no such person living in the accommodation anymore and the property is needed by the landlord for another such person.
Ground 15
The property is reserved for a special needs occupant where a social service or facility is provided in close proximity and the current tenant does not have those special needs and the property is needed for someone who does.
Ground 15a
The tenant has succeeded the property from the previous tenant (and was not the previous tenants spouse or registered civil partner) and the property is considered too large for the current household. Proceedings for possession must begin more than six months but less than 12 months after the date of the previous tenants death or the date the council became aware of the tenants death. The court will decide whether any successor can stay in the property.
These are a summary of the grounds for possession contained within schedule 2 of the Housing Act 1985 and are not intended as a legal guide. View the full terms of The Housing Act 1985.
Absolute ground for possession for anti-social behaviour
In addition to the above, a mandatory ground is available for eviction of a secure tenant where antisocial behaviour has already been proved in another court. This is found in Part 5 of the Anti social Behaviour Crime and Policing Act 2014. Part 5 contains a list of five conditions allowing a landlord absolute grounds for eviction. If any of the conditions are met then the court can award an eviction.
Condition 1
The tenant, or anyone living in or visiting the property, has been convicted of a serious offence that was committed:
- in the locality of the property
- elsewhere against either a person who lives, or has a right to occupy accommodation, in the locality, or
- elsewhere against the council or someone employed (whether or not by the council) in connection with the landlord’s housing management functions
Condition 2
A court finds that the tenant, or anyone living in or visiting the property, had breached a provision of an injunction to prevent nuisance or annoyance (IPNA)
The breach must have occurred in the locality - or elsewhere if the IPNA was granted in order to prevent a harassment, alarm or distress to:
- person who lives, or has a right to occupy accommodation, in the locality
- the council or someone employed (whether or not by the council) in connection with the council’s housing management functions
The condition is not met where the breach of the IPNA only relates to a failure to participate in a particular activity.
Condition 3
The tenant, or anyone living in or visiting the property, has been convicted of a breach of a criminal behaviour order that prohibits an activity in the locality - or elsewhere if the criminal behaviour order was intended to protect:
- person who lives, or has a right to occupy accommodation, in the locality
- the council or someone employed (whether or not by the council) in connection with the council’s housing management functions
Condition 4
A closure order has been made on the tenant’s property and access to the property under the order (or a closure notice) has been prohibited for more than 48 hours.
Condition 5
The tenant, or anyone living in or visiting the property, has been convicted of an offence under section 80(4) or 82(8) of the Environmental Protection Act 1990 as a result of breaching an abatement notice or court order in relation to statutory noise nuisance from the property.
These are a summary of conditions contained within section 84A of the Housing Act 1985 and are not intended as a legal guide. View the full terms of The Housing Act 1985.