What is an Assured Tenancy?

What is an Assured Tenancy?

As an Assured tenant you have:

For information on swapping your home (mutual exchange) with another tenant click here.

The right to exchange your home (with our consent)

 The right to be consulted

You have the right to be consulted on housing decisions that affect you. We will consult you about any major changes in the service you get from us and will:

  • Normally give you at least 28 days to consider the change
  • Take your views into account before making a final decision.

The right to repair

You have the right to have some urgent repairs done if they pose a risk to your health, safety or security. These must be done within target times set by the Government. For more information please see the Repairs Handbook.

The right to take in lodgers

If you have a spare room in your home and wish to take in a lodger, you can arrange this as long as you are not illegally overcrowding your home. You do not have to ask our permission.

If you receive Housing Benefit, taking in lodgers will effect the amount of benefit you get. You must tell the City Council’s benefit service. If you receive Universal Credit, then you will need to inform the Department for Work and Pensions. If you don’t, you may be overpaid Housing Benefit and you will be legally responsible to pay it back.

The right to succession

When a joint tenant sadly passes away, the tenancy will continue in the name of the other tenant. If someone who is not a joint tenant passes away, the tenancy may pass to the co-habiting partner, as long as they were living with the tenant at the time of their death.

If you are not married, registered as a civil partner or do not have a partner, another member of your family may be able to take over the tenancy, if they have been living with you for at least a year and if you have an Enhanced Assured Tenancy Agreement. We call this a ‘succession’ to your tenancy. Please check your Tenancy Agreement to see what applies to you. Your tenancy can normally only pass on once.

Your successor must contact us so that we can check that the succession is legal and update the information we hold on the tenancy.

If your home is not suitable for your successor, we may offer them the tenancy of a more suitable home. This could happen if your home is larger than needed or is suitable for a disabled person and no longer has a disabled person living there. We would not expect any remaining family members to move for at least 6 months after you pass away.

If there is a dispute over whether it is reasonable for your successor to move, we may ask the courts to resolve this.

The Right to Assign (with our consent)

You may be able to pass on (“assign”) your tenancy, to any person who would be eligible to succeed to your home if you should pass away. Your tenancy may also be assigned by a court order as part of matrimonial proceedings.

You can also assign your tenancy, with our permission, to someone with whom you are swapping (mutually exchanging) homes.

The right to sublet your home

If you want to sublet part of your home to another person, you must get our permission first. When we receive an application to sublet we will make a decision based on all the facts within 28 calendar days of receiving your application, sooner if possible. Please note, you are not permitted to sub-let the whole of your property. This is classed as tenancy fraud and may result in possession proceedings and/or criminal proceedings.

The Right to Acquire your home

The Right to Acquire allows most housing association tenants to buy their home at a discount. New tenants to Gloucester City Homes, after the transfer of 16th March 2015, will have the Right to Acquire. To do this you must have a 5 years minimum tenancy with a public sector landlord such as a council or housing association. If you would like information on what this means to you, please check your Tenancy Agreement or speak to our Leasehold Manager.

The Preserved Right to Buy (if you have an Enhanced Assured Tenancy)

If you were previously eligible to buy your home under the Right to Buy legislation and have continued to be a tenant after the transfer of housing stock on the 16th March 2015, you will have a Preserved Right to Buy. You will keep any discount entitlement that you built up as a Council tenant, even if you have moved to another GCH property (providing that it is a property that can be bought. Certain elderly and disabled designated properties cannot be bought.) Please speak to our Leasehold Manager for more information.