Types of tenancy

A tenancy agreement is an important document and is the legal contract between you and your landlord. The tenancy agreement gives certain rights to both you and your landlord, for example, your right to occupy the accommodation and your landlord’s right to receive rent for letting the accommodation to you.

There are several types of tenancy that landlords use, each having different rights and responsibilities. At Epping Forest District Council we grant various types of tenancies:

• Introductory
• Secure periodic (“Lifetime”)
• Secure Flexible (fixed-term)
• Non-Secure

Introductory tenancy

All new potentially secure (periodic) tenants and secure flexible (fixed term) tenancies start with an introductory ‘trial’ period of 12 months.  During this time, you must show that you can sustain a tenancy and meet the conditions set out in the Council’s standard tenancy agreement.

An introductory tenancy gives you similar rights to that of a secure tenant, however you can be evicted more easily.  There are also certain restrictions such as:

• you cannot make major improvements to the property;
• you cannot swap your property with another council tenant; and
• you cannot apply to buy your property through the Right to Buy scheme.

You automatically become a flexible or secure tenant after 12 months, unless we have either:

• started action to evict you; or
• extended your introductory tenancy for a further six months. We may elect to extend your tenancy where there have been minor breaches of the tenancy conditions, but where these breaches are not serious enough for us to apply to the County Court for possession of your home. 

Secure periodic tenancy

As a secure tenant, you can normally live in the property for the rest of your life, as long as you don’t break the conditions of the tenancy. A secure (periodic) tenancy can only be ended by way of a Possession Order granted by the County Court.

You can:

• buy your property through the Right to Buy scheme;
• swap your home with another council or housing association tenant – with our permission;
• make improvements to your home – you’ll need permission from us for some types of work; and
• rent out rooms – but you can’t sub-let the whole property

Secure fixed-term tenancy

As a secure (fixed-term) tenant, you have a tenancy for a fixed period. This is usually for ten years (nine years with an introductory term of 12 months), unless your tenancy was extended.

At the end of the fixed period we may decide to:

• offer you another fixed-term tenancy;
• offer you a secure tenancy; or
• not renew your tenancy.

We must explain our reasons if we decide not to renew your tenancy and give you a chance to challenge the decision.

As a secure (fixed-term) tenant you can:

• buy your property through the Right to Buy scheme;
• swap your home with another council or housing association tenant – with your council’s permission;
• make improvements to your home – you’ll need permission from us for some types of work; and
• rent out rooms – but you can’t sub-let the whole property.

Non-Secure tenancy

A non-secure tenancy is a legal agreement between you and the Council to occupy a property. Non-secure tenants enjoy less security of tenure than introductory, secure or flexible (fixed-term) tenants. You will have to pay a charge for the property and will have to abide by certain terms and conditions.

As a non-secure tenant, you cannot:

• buy your property through the Right to Buy scheme;
• swap your home with another council or housing association tenant;
• take in lodgers or rent out rooms;
• pass your tenancy to someone else when you die (also known as succession)

It is much easier to end a non-secure tenancy since there is no requirement to prove a statutory ground for possession. Such tenancies can be ended after four weeks, following issue a valid Notice to Quit.

Non-secure tenancies are normally granted where short-term temporary accommodation is provided. For example, if you applied for council housing because you are homeless or threatened with homelessness, you may have been given a non-secure tenancy whilst determining your application, or whilst waiting for suitable accommodation to become available.

When you take up a tenancy with us you will need to sign a tenancy agreement.

By signing the tenancy agreement you enter into a contract with EFDC and agree to keep to the tenancy conditions as set out in the agreement.

It is important that you understand what these conditions are because if you break them you could lose your home.

Each tenancy agreement is divided into four sections:

Section 1

Declaration – sets out tenant/s information, details of the premises, rent and charges.

Section 2

Information – sets out general information relating to the tenancy.

Section 3

The tenancy conditions:

• Explanation of terms
• Rent and other charges
• Service of Notices
• Termination of the tenancy
• Transfer to another dwelling
• Joint tenancies
• The tenant’s obligations
• Nuisance and anti-social behaviour
• Pets
• Smoking in communal areas
• Sheltered accommodation
• Maintenance and decorations
• Damage
• Parking / roadways
• Communal areas
• Alterations and additions
• Safety
• The Council’s obligations
• Tenant’s rights
• Improvements/ compensation for improvements
• Right to repair/
• Right to exchange
• Right to buy
• Right to succeed
• Household contents insurance
• Compliments and complaints
• Consultation on matters of housing management

Read the full list of tenancy conditions 

Section 4

Declaration – sets out the occupants of the household and includes further tenant/s information. It is also the part of the document which binds the Tenant to the conditions of the Tenancy Agreement.

If we need to change the terms of your tenancy agreement we will give you notice of the change. If the change affects all tenants, we will consult with all tenants and provide an explanation of the reasons for the change. We must consider any comments we receive during the consultation period.

Tenancy policy

• Tenancy Policy 2022-2027 (pdf 267KB)