Fixed tenancy FAQ

What is a flexible fixed tenancy

Normally for five years unless the property is due to be demolished, when it will usually be for two years. Most five year tenancies will be renewed for a further five year periods if you still need social housing, your present home is not larger than the household needs and/or you still require a specially adapted property.

If your circumstances have changed, you may be asked to move to a more suitable home or private rented housing. Such as a single person or couple living in family sized accommodation. We start our reviews 12 months before your tenancy is due to end. Help and advice will be provided to anyone who needs it.

What rights do I have as a flexible fixed tenant?

  • Right to exchange: flexible tenants will keep their tenancy type and length of term (unless you are moving to designated housing for older people or a 1 bed room property that is not adapted)
  • Right to take in lodgers: You must tell us immediately if you take in a lodger and when one leaves
  • Right to repair
  • Right to be consulted
  • Right to Buy
  • Right to succession: If you die your tenancy can pass on to a spouse or partner (family members can be considered if they have lived there for 12 months)
  • Right to transfer
  • You do not have the right to improve your property; please do not make any alterations to it.  We will consider any reasonable requests to do so, you will not be entitled to compensation for these when you leave. Please contact the Tenancy Sustainment Team if you have any queries tel 709491

 Who carries out the tenancy review?

This is carried out by the Tenancy Sustainment Team. It is based on: does the property has adaptations that are no longer required and who is occupying the property.  Evidence and your co-operation will be required. All the requested information, facts and relevant evidence you provide will be considered before a decision is made.

What if I owe any rent?

The rent account must be clear and any outstanding arrears cleared in full at the time of any decision to re-issue a tenancy

What if I want to appeal against the decision not to re-issue my flexible fixed tenancy?

If it is not being reissued, we will confirm in writing no less than six months before it is due to end. You can appeal against this decision. Please set out your reasons in writing or in person. The appeal must be within 21 days of receiving notification the flexible fixed term will end. This will be reviewed by an independent panel of officers not involved in the original decision. You will be informed of the outcome of this review within five working days of it taking place.

  • If a tenant refuses to leave when the flexible fixed tenancy is due to end, the Council will take legal action to take possession of the property
  • The Council’s right to possession may then be challenged in court, usually on the grounds that the Council has not followed the correct procedure

Flexible tenancies cannot be considered for re-issuing if:

  • The tenant(s) does not co-operate with the flexible fixed term tenancy review
  • The tenant (s) does not accept the terms and conditions of the new tenancy.

I have a flexible fixed tenancy can I still apply to move home?

Yes. If the property no longer meets your housing need, you will retain the same tenancy type if you move to another council property (unless it is a one bedroom property or designated housing for older people). You will be given a new tenancy term.

 I have a flexible fixed tenancy can I still apply for a mutual exchange?

Yes.  Where a secure tenant is exchanging with a tenant that has a flexible fixed term tenancy, both tenancies will be brought to an end. Each tenancy will be reissued so that you keep their pre-existing tenancy type. Where an exchanging tenant has a flexible fixed term tenancy, and they are exchanging to a home which would usually be let on a fixed term tenancy, the period of the term will be reissued

Ending your flexible tenancy early

You may end your tenancy by giving us four weeks’ notice in writing and you must allow us access to inspect your home. It must be left clean. Any damage you, your household or friends caused must be repaired and left in reasonable decorative condition. All outstanding debts due must be paid before you leave.