Secure periodic tenancies are sometimes called “lifetime” tenancies because secure periodic tenants normally have the right to live in their homes for the rest of their lives. This is unless the tenancy ceases to be secure, such as if the tenant fails to occupy the property as their main and principal home or a court makes an order for them to leave, for example due to rent arrears or anti-social behaviour.

A flexible fixed term tenancy is a type of secure tenancy that lasts for a specified period. Until now we have usually offered flexible fixed term tenancies for a fixed period of five years, though in some cases flexible tenancies are offered for a fixed period of two years. At the end of the fixed term period a review is usually carried out before a decision is made to offer a further flexible tenancy for a further fixed term. 

The law allows us to serve notices on flexible tenants advising them that we do not intend to grant a new tenancy upon the expiry of a flexible tenancy. If we do this, then it is mandatory that the court grant us possession of the property. This is not the case for a secure periodic tenancy.

If you would like to read some more about flexible fixed term tenancies and secure periodic tenancies and their differences, you may find the following websites helpful:

• the government’s council housing web page on types of tenancy
• Shelter’s secure council tenancies web page
• Shelter’s flexible council tenancies web page

On 8 March 2023 we made changes to our tenancy policy to stop granting flexible tenancies. Our Cabinet made the decision to make this change to provide more long-term security to our tenants and to help create sustainable communities. 

You can read a copy of the tenancy policy under the tenancy policy heading on this web page.

No. Your ‘right to buy’ and right to mutually exchange your home will not be affected at all by the proposed change. 

There may be a small number of cases where we may decide it is not appropriate to offer a secure periodic tenancy. This would include cases where:

• there has been a serious tenancy breach 
• there are significant rent arrears and there is no agreement to clear the arrears in place
• there is a current possession order that has been awarded by the court
• we have, or are in the process of, applying to court to obtain a possession order
   

We are working to change over 2,000 flexible tenancies so it will take us some time to change all eligible tenancies. We will be contacting people in date order, with those whose current fixed term tenancy is due to end the soonest having their tenancy changed first. 

So, for example, if your current tenancy is due to end in the next 12 months it is likely we will contact you within the next year. Whereas, if your current tenancy is not due to end for three or four years, it is likely we will contact you at some point in 2024 or 2025. 

No. We have to change the tenancies that are due to end sooner first as we cannot create further fixed term tenancies after 1 April 2023. We therefore need to work through the tenancies in date order.

If you mutually exchange your property, we will grant a secure periodic tenancy to the person you are exchanging with after the deed of assignment has been signed.

No. If you decide not to accept our offer, your flexible tenancy will continue until the end of its current fixed term. We will at that point then serve notices on you of our intention not to renew your tenancy, and we will then have the right to apply to the court for a possession order of your home.

Your Housing Officer will contact you by phone to arrange a date and time to sign a new periodic tenancy agreement.

No. A joint tenancy must be signed by both joint tenants and so you both must attend the appointment to sign the new tenancy agreement.

We will need to speak to the other joint tenant to see what their intention is in relation to the tenancy. If both joint tenants cannot agree about what to do with the tenancy, your existing flexible tenancy will need to continue until its expiry date and at that point we may be able to offer one of you a sole tenancy of the property. If you do not want to wait for this to happen, you can make an application to the courts to make an order to resolve your existing tenancy; you should seek legal advice about doing this. If the courts make an order to award the existing tenancy to one of the joint tenants, then we could revisit the decision to offer you a secure tenancy ahead of the expiry date of your existing tenancy.

Yes, but we will only grant you a new secure tenancy if you give your written consent to transfer any arrears to your new tenancy. 
If you consent, then we will grant a new secure tenancy, but you will need to continue to pay your rent and arrears payments in line with any repayment arrangements in place.

The aim of this change is to provide tenants with greater security of tenure. However, if you have any concerns you might want to seek your own independent advice from Citizens Advice or a solicitor.