Drepturile ca chiriaș municipal
If you are a council tenant with a secure tenancy under the Housing Act 1985, you have extensive rights that go beyond those of private tenants. These include security of tenure, the right to buy your home, the right to have repairs carried out, and the right to pass on your tenancy.
Last updated: 2026-03-08
Your Rights
Security of Tenure
As a secure tenant, you can only be evicted if the council obtains a court order on one of the grounds in Schedule 2 of the Housing Act 1985. The court must also consider whether it is reasonable to make a possession order.
Right to Buy
If you have been a secure tenant for at least 3 years, you have the right to buy your home at a discount. The discount is up to 70% for a house (maximum £96,000 outside London, £127,900 in London) and 50% for a flat.
Right to Repair
You have the right to have qualifying repairs (up to £250) carried out within a set timescale. If the council fails to do the repair, you can have it done by an alternative contractor and claim compensation.
Right to Succession
If you die, your spouse, civil partner, or person living with you as spouse/civil partner can succeed to your tenancy. There is only one succession per tenancy.
Right to Exchange
You can exchange your home with another secure tenant or assured tenant, with the council's consent. Consent can only be refused on specified grounds.
Right to Information
The council must publish information about its allocation scheme, tenancy conditions, and landlord obligations. You have the right to see your tenancy file.
Common Myths
The council can evict you whenever they want
The council must obtain a court order on one of the statutory grounds. The court must consider whether it is reasonable. Secure tenancies offer very strong protection.
Right to Buy has been abolished
Right to Buy remains available in England (it has been abolished in Wales and Scotland). Eligibility and discount levels are set by government.
If you make improvements, the council will increase your rent
If you carry out improvements with the council's consent, these should not be taken into account when assessing your rent.
What To Do
Check your tenancy type
Confirm you are a secure tenant (not an introductory or flexible tenant). Check your tenancy agreement — it should say 'secure tenancy'.
Report repairs promptly
Report all repairs in writing and keep a record. If urgent (no heating, water leak), the council must respond within 24 hours.
Know the Right to Buy process
If interested in buying, submit form RTB1 to your council. They have strict deadlines to respond.
Get advice if facing eviction
If you receive a notice seeking possession, get legal advice immediately. Legal aid is available for possession proceedings.
Key Legislation
- Housing Act 1985
- Housing Act 1996
- Landlord and Tenant Act 1985
- Defective Premises Act 1972