Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Secure tenancy definition

What does Secure tenancy mean? In social housing practice, a secure tenancy is a residential letting that gives a tenant strong security of tenure and statutory rights, typically when renting from a local authority. In England, the term is defined and regulated by Part IV of the Housing Act 1985. A tenancy is “secure” where the landlord is a local authority or specified public body and the statutory landlord and tenant conditions are met, unless an exception applies. Core features include: eviction only by court order on statutory grounds (Schedule 2), notice requirements, succession rights, limited assignment and mutual exchange, rights to repair/improve with consent, and...

Secure tenancies under the Housing Act 1985: statutory conditions, exclusions, variation, possession, demotion, flexible terms and tenants’ rights (England; Welsh position under the Renting Homes (Wales) Act 2016)

Published by a LexisNexis Local Government expert

Practice notes

Secure tenancy

This Practice Note outlines the tests in section 79 of the Housing Act 1985 (HA 1985) that must be satisfied for a tenancy to be secure, and then examines each test in detail. It considers whether the accommodation constitutes a Dwelling, whether the dwelling is the tenant’s principal home, the Landlord requirement, the tenant requirement, and the Schedule 1 HA 1985 exceptions where a tenancy or a licence cannot be secure. It also explains how a secure tenancy can be varied and highlights the additional rights available to secure tenants. Secure tenancies are the tenancy form most commonly provided by local authorities (LAs). The definition of a secure tenancy, and the rights afforded to secure tenants, are derived from Part 4 of the Housing Act 1985 (HA 1985)...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Jill Morgan

Jill Morgan is a Chartered Legal Executive and the founder of Clear and Credible Ltd, a content writing and copywriting business, specialising in law, local government and social welfare. Jill has specialised in housing law for a number of years, particularly homelessness and possession proceedings. She has a keen interest in social welfare law and associated issues and has contributed to a number of published texts. Jill’s practice extends across all aspects of local government law, including governance, planning, licensing, environmental health, property, housing and commercial contract. In her role as Deputy Monitoring Officer, she was heavily involved in governance arrangements and standards matters. Jill managed the local authority’s licensing team for a number of years and has a wealth of experience in advising at committees, sub-committees and contested hearings. In addition to contributing to the legal practice notes below, Jill has prepared numerous court digests and...

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...