Will my HA tenancy be the same as a council tenancy?

Council and HA tenancies have many things in common. Both give you great security but if you break your tenancy agreement the Council or HA can get a court order to take possession of your home under specific conditions (grounds for possession).

Your tenancy agreement

Tenancy agreements can vary so it is important that you read the terms before signing, so that you know exactly what your rights and obligations are. The grounds for possession for council and HA tenancies are very similar. In both cases you will lose your security if you do not use the property as your only or main home.

Duties to you

Council and HA's have similar duties to their tenants, for example:

• maintaining their property
• charging affordable rents
• not evicting them without going to court

Whether you become a council or an HA tenant your rent will be cheap compared to private tenancies and it can only be increased once a year.

Whoever your landlord, the property will be unfurnished.

Transfers

Both the council and HA's can offer a transfer (a move to another home). Your position on the transfer list will be based on your housing need, for example, overcrowding. On top of this you will have the right to swap homes with other council or HA tenants. In both cases, if you die your tenancy could pass to a member of your family who lives with you.

Council tenancies

Westminster Council offers new tenants a one year introductory tenancy. Once the year is completed you will normally become a secure tenant.

If you have been a secure tenant for two years or more (five years for tenancies created after 18 January 2005) in most cases you will have the Right To Buy your home. You will get a discount depending on how long you have been renting, up to a maximum of £16,000.

Subject to certain conditions one succession is allowed to a spouse or where there is no spouse another member of the deceased's family. A second succession may be grated at the Council's discretion.

Housing Association tenants

HA's offer assured tenancies as soon as you move in.

You may have the Right To Acquire if your property was built with funding from the Housing Corporation after April 1997. Check with the individual HA for more information about this

One succession is allowed but only a spouse or an adult child can succeed. Some housing associations allow a second succession.