Council tenant - non secure tenancy

henrik1971

squinty wrote: »

That a little disengenuous - its my understanding that most councils would rather keep secure lifetime tenancies rather than the flexible tenancies proposed by the government.

You've misunderstood me. I'm sure LA's prefer dealing in the mainstream with secure tenancies. Everyone knows where they are.

However, there are instances like this one, where the Council is continuing to hold an estate or a residential block with a notion of redevelopment at some point in the future. It doesn't want to leave the properties vacant for obvious reasons (vandalism, squatting, arson etc.) but it also needs flexibility and to be able to move relatively quickly and get the properties vacated when the development window finally comes around. The only problem is, I don't think the Housing Act affords them such a luxury.

Walshy2011

Thanks for all your replies.

I was given this flat as 'temporary' accommodation when I was 17 years old. The reason they called it 'temporary' was because the council were supposed to be knocking the estate down to rebuild it and as long as my rent account was update I would be offered a new 'permanent' flat on the estate with a secure tenancy.

This is the wording on my local borough's website.
We grant non-secure tenancies to new tenants moving into some of our homes which will be affected by plans for regeneration.
A non-secure tenancy is a weekly tenancy, which can be ended by giving four weeks notice and then obtaining an automatic possession order from the court.

This is exactly the wording in my non secure tenancy: ' You must not assign, sublet or part with possession of the whole or any part of the property and must not take in any lodgers'.

My housing officer isn't too friendly and doesn't really care what goes on in the estate and always seems annoyed when I phone to complain about the teenagers. When I asked him about moving he told me 'unless I rent privately, the only way I'll be moved out of my flat is when they knock it down to rebuild, I'll be given a new flat on the same estate'.
Now reading more into it apparently if/when I get the new flat on the same estate I'll get an 'introductory' probationary 12 month tenancy and if that goes well I'll be given a secure tenancy after the 12 months is up.

Also every flat/house in the borough has been given a new kitchen, bathroom and double glazing under the 'decent homes scheme' EXCEPT for those living on regeneration schemes. Like I said before the council keep threatening to start rebuilding the estate and have been since and before I moved in in 2005.

Thanks

Walshy2011

Also if it helps, the exact wording on the front of my tenancy says:

HOUSING SERVICES
TEMPORARY ACCOMMODATION
TENANCY AGREEMENT
THIS IS NOT A SECURE TENANCY

It also goes on to say:

This tenancy is not a secure tenancy because it is granted to you under Part VII of the Housing Act 1996


Thanks.

theartfullodger

Have you written (yes, WRITTEN..) to the council housing dept asking to be transferred elsewhere, to enquire if your tenancy remains "temporary" and/or if it has been changed to Secure?? If you've not been changed to a Secure tenancy (and yes I would ask - you just might get a nice surprise..) then I'd ask (in writing..) for a copy of their policy on changing tenants from "Temporary" to Secure tenancies: Then, read that policy very very carefully ...

In your shoes I'd ask to go on transfer list - usually there is a common list of properties from both council & local housing associations.

See here..
http://england.shelter.org.uk/get_advice/renting_and_leasehold/council_tenancies/temporary_housing_from_the_council#4

When will I get a longer-term tenancy?

If the council provides temporary accommodation for you because you are homeless, you can normally stay until the council arranges settled accommodation for you. This could be a council tenancy, a housing association tenancy or a tenancy with a private landlord. Any settled accommodation the council arranges must be suitable for you. How long you will have to wait will depend on how much demand for housing there is in your area, how much priority you get on the waiting list, and any arrangements the council has with other landlords in their area. People who are living in temporary housing should get extra priority on the waiting list but will not necessarily be housed first.

Write, keep a copy, but WRITE. Maybe also talk to/write to/email councillor, MP, MEP ..

Good luck!

Walshy2011

Aha, thank you very much.

Sorry to be a pain but could I write to the actual housing department or would I have go through my housing officer? I get the feeling he really doesn't like me as I phone up and complain so much, but the way I look at it I'm entitled to put complaints in as I'm paying full rent but not getting a good service. Obviously he doesn't like hearing from me as I give him paperwork to do.

I really appreciate your advice, thanks.

theartfullodger

You are entitled to write to who you like, although appreciate it may p*** off "your" housing officer.. I'd write to head of council housing, copy your housing office, and write with polite calm requests rather than as "a complaint". You could also copy to head of the council housing committee (eg like here...
http://www.highland.gov.uk/yourcouncil/yourcouncillors/committeeofficebearers/03-cllr-hsw-members.htm

)
although again that may p*** off your housing officer & the head of housing - they both think that they (council employees) run council housing & that councillors simply do what they are told by them...

Best of luck!

Walshy2011

Thank you very much, you've been very helpful.

theartfullodger

Walshy2011 wrote: »

Thank you very much, you've been very helpful.

No probs, delighted, and welcome to MSE:

PS There is a "Thanks" button if you ever wanted to show (someone else..) your thanks...

PPS You really want to do all you can to hold onto being a council or HA tenant: Private tenancies have much much worse "security of tenure" - ie you can be kicked out for no reason on (usually..) 2-ish months notice... I should know, I'm a Landlord!

theartfullodger

Thinking about this a bit more, there must be an argument that after so long a "temporary" tenancy ain't "temporary" any longer..

Might be worth 'phoning the **free** Shelter helpline on 0808 800 4444 (see..
http://england.shelter.org.uk/get_advice/how_we_can_help/housing_advice_helpline
) for advice on that point (and any others you have...)
- but expect a wait from this excellent but overworked charity...

Cheers!