Types of tenancy issues by the Council
Introductory Tenancies
1. All new social housing tenants housed in Council properties are initially granted a 12-month introductory tenancy unless they fall under specific exceptions:
- Existing Social Tenants: If a tenant has already completed an introductory tenancy with another social housing provider (such as another council or a housing association) and is transferring to an RBKC property, they do not need to complete another introductory period and can be granted a secure tenancy.
- Court Orders: Tenants who are being rehoused by a court order may bypass the introductory tenancy and be granted a secure tenancy directly.
2. Introductory tenants have fewer legal rights than secure tenants. During the introductory period, tenants cannot:
- Take in lodgers;
- Mutual exchange their home or transfer to another landlord;
- Buy their council home under Right to Buy (but time spent as an introductory tenant can count towards the right to buy qualifying period if the tenancy becomes secure);
- Make improvements to their home beyond decorating and minor modifications; or
- Assign their tenancy (unless this is ordered by a court order).
3. Tenants moving between RBKC properties will maintain their security of tenure and tenancy rights.
4. Introductory tenancies will usually automatically convert to a secure tenancy after 12 months, provided the tenant adheres to the terms of the tenancy agreement during this period.
5. In cases where the tenant breaches the terms of an introductory tenancy, the Council may extend the introductory period for a further 6 months, bringing the total introductory period to 18 months. An extension may be deemed appropriate where the Council considers this option more suitable than terminating the tenancy.
6. The Council will provide notice to extend the introductory tenancy at least 8 weeks before the end of the introductory period.
This notice will state:
- the reason(s) for extending the introductory tenancy; and
- the tenant’s right to request a review of the decision.
7. Full details on the timeframes and processes for requesting reviews can be found in Section 19.
8. The Council will notify the tenant of the review outcome before the original 12-month introductory period ends.
Secure (Periodic) Tenancies
1. Once the introductory period is successfully completed, the introductory tenancy automatically becomes a secure tenancy.
2. A secure tenant usually has a range of legal rights, including:
- The right to buy the property under the Right to Buy scheme;
- The right to assign the tenancy (subject to conditions in the HM Succession and Assignment Policy);
- The right to succession (subject to conditions in the HM Succession and Assignment Policy);
- The right to sublet part of the property (subject to receiving written consent from the Council);
- The right to take in lodgers (with notification to the Council as per s.93 Housing Act 1985);
- The right to make improvements to their property (subject to the Council’s approval in line with the Improvements to Your Home Policy);
- The right to swap their home through a mutual exchange.
Subletting
1. Subletting happens when a tenant lets all their home to someone else - they're known as a subtenant. The subtenant will have exclusive use of the space they rent
2. If a secure tenant sublets the whole of the premises, the tenancy loses its secured status, and the Council can seek to obtain possession of the property. This is because the tenant would no longer be occupying the property as their sole and principal home.
3. Once the secured status has been lost in this manner, the tenant cannot regain it by returning to reoccupy property.
4. Subletting the whole or part of the premises without RBKC’s written consent also amounts to a criminal offence.
Demoted Tenancies
1. A demoted tenancy can be issued when a secure tenant, their household members, or visitors, engage in anti-social behaviour (ASB) or use the property unlawfully.
2. A demoted tenancy is subject to the same reduced rights as introductory tenancies, and the demoted period will also typically last for 12 months.
3. The Council will serve the tenant with notice of its intention to apply for a demotion order at least 28 days before a court application is made.
4. If the Council applies for a demotion order, tenants have the right to file a defence within 14 days from the date the application is received.
5. If the court grants a demotion order, the secure tenancy will be replaced with a demoted tenancy. The tenant will remain responsible for rent arrears accrued during their secure tenancy and rent credits will be carried forward.
6. The period spent as a demoted tenant does not count towards the qualifying residency period for the Right to Buy scheme. For example, if a tenant spends 1 year under a demoted tenancy, that year will not be included when calculating the qualifying period.