Abimbola Badejo, Housing law
Ask the experts
Q: I live in a house which was council-owned until 2003, it is now owned by a housing trust. I had a secure tenancy when I moved into the property in 1982, now I have an assured tenancy. What is the difference and do I retain all my rights? reuben8
A: Abimbola Badejo. The Housing Act 1985 makes clear that for a tenancy to remain a secure tenancy, the landlord and tenant condition must be satisfied. The landlord condition is that the landlord must be one of the prescribed public sector bodies. Once the landlord ceases to be such a body, such as when the ownership of the property changes from a local authority to a housing association, the tenancy ceases to be a secure tenancy and becomes an assured tenancy.
I have experience of the housing transfer process which is known as a stock transfer. For a stock transfer to go ahead, the secretary of state must approve the transfer. The secretary of state will not approve the transfer unless they are satisfied that in effect the majority of secure tenants who vote are in favour of the transfer.
In order to get a positive ballot, normally the incoming landlord makes certain promises to the existing secure tenants. The most significant promise is that so far as possible, the existing council tenants are to retain most of their rights after the transfer to the new housing association landlord. For example, council tenancies have a right to buy their property. Assured tenants do not. But in the new tenancy agreement to the assured tenants following the transfer, the right to buy is preserved.
Council tenants also have a right to pass their tenancy on during their lifetime but assured tenants do not. This right is preserved in the new tenancy agreement given to former secure tenants. So you are in law an assured tenant and you need to check your tenancy agreement.
Abimbola Badejo is a barrister specialising in housing law and practising from Arden Chambers
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Readers' comments (2)
ivor joohn skerritt | 20/08/2010 3:01 pm
we are a very active tenant group and are part of a council task group that is retendering our housing responsive repairs service but we have been told that we cannot take part in visiting,interviewing or scoreing or evaluaeting the applicants who apply for the contract but we have also been told this is to be a tenant led service if we cant do any of them things how can we decide the best contractor for the tenants service the officers say the procurement laws fore bid it , is this the case
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want to know the truth | 19/11/2011 10:20 am
Abimbola Badejo, As a tenant of local council , we are being asked to see if we want a ballot to change to housing association, we keep getting told by the council and the staff pushing this through. If we dont vote yes we will have around £150 million to pay to goverment , we have had people knocking our doors , ringing up several times , and asking us if we have got the information we needed. Then they ask which way we will be voting, they have facebook page where the councillors,housing personal, which are telling us allsorts of things but alot of things dont add up if you do alot of digging.
we need unbaised veiws , and people who are well educated on this matter to support the tenants , could you look at the link to their page to see if any information they are giving us is not correct.
http://www.facebook.com/groups/103290326395869/ run by council
another one for the tenants is
http://www.facebook.com/groups/241177829277645/
which the council doesnt have access to.
please could you or anyone who knows tell us the downfalls of going to a housing association post on the councils facebook page ,
many thanks for redaing this
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