Housing Association Tenants' Rights

Housing association tenancies in England typically take one of two forms:

• Assured tenancy: Provides strong security of tenure. The landlord can only evict you on specific statutory grounds set out in the Housing Act 1988. Most long-standing housing association tenants hold assured tenancies.
• Assured shorthold tenancy (AST): Some newer housing association tenancies are ASTs, particularly starter tenancies given to new tenants. Starter tenancies typically last 12 months; if you meet the association's requirements during that period, the tenancy becomes an assured tenancy.

Housing association assured tenants enjoy considerably stronger security of tenure than private AST tenants. Possession can only be sought on the grounds in Schedule 2 of the Housing Act 1988 — either mandatory or discretionary. Rent levels for social tenants are also regulated: most pay a social rent or affordable rent (capped at 80% of local market rent).

Housing associations must maintain their properties to the Decent Homes Standard — a government standard requiring that social housing is in a reasonable state of repair, has reasonably modern facilities, and provides a reasonable degree of thermal comfort. They are also subject to the same implied repair obligations as private landlords under the Landlord and Tenant Act 1985.

If you report a repair and the association fails to carry it out within a reasonable time, you can:

• Make a formal complaint through the association's internal complaints procedure
• Escalate to the Housing Ombudsman if your complaint is not resolved within their prescribed timescale
• Apply to court for an order requiring repairs (though the Ombudsman route is usually simpler)

The Housing Ombudsman can make legally binding orders and award compensation. It has published a Complaint Handling Code that all registered providers must comply with.

Rent for social housing is normally reviewed annually. The Regulator of Social Housing sets limits on how much rents can increase — typically in line with the Consumer Price Index plus a fixed percentage, though the government has imposed temporary caps in recent years. Any rent increase must be notified in writing and you have the right to challenge increases you believe are unlawful.

Housing association tenants may also have:

• Right to Acquire: If you have been a social housing tenant for at least three years and your home was built or acquired with public funding after 1997, you may be able to buy it at a discount under the Right to Acquire scheme.
• Right to exchange: Assured tenants generally have the right to exchange their home with another social housing tenant (mutual exchange), subject to the landlord's consent, which cannot be unreasonably withheld.
• Right to be consulted: Housing associations must consult tenants about changes to their management and maintenance policies.