Statute: Housing Act 1985
Applies to: england,wales,scotland
Notice periods: [object Object]
A Secure Tenancy is the long-standing council house tenancy in England and Wales, governed by the Housing Act 1985. It offers some of the strongest tenant protections in UK housing law and is typically granted by local authorities (councils) to tenants who are occupying a dwelling as their only or principal home.
Who has a Secure Tenancy
Most tenants of English or Welsh councils who moved in before the Localism Act 2011 flexible-tenancy reforms will have a Secure Tenancy, and many still do. Some non-charitable housing trusts and certain registered providers grant them too. A Secure Tenancy ends if the tenant ceases to occupy the property as their only or principal home, which is why the 'principal home' test matters in dispute cases.
Rights
Secure tenants have four headline rights that set this tenancy apart.
First, security of tenure: the landlord can only obtain possession on a statutory ground under Schedule 2 of the Housing Act 1985, and most grounds are discretionary. Second, the Right to Buy (Housing Act 1985 Part V) lets many secure tenants purchase their property at a discount after a qualifying period. Third, a right of succession: on the tenant's death, a spouse, civil partner, or qualifying family member can inherit the tenancy. Fourth, the right to exchange with another secure tenant through the mutual exchange scheme.
Notice and possession
A landlord seeking possession serves a Notice of Seeking Possession (NOSP) specifying the ground. Grounds include rent arrears, anti-social behaviour, breach of tenancy, and redevelopment. The court decides whether to make a possession order on discretionary grounds, weighing reasonableness.
How this interacts with the Renters' Rights Act 2025
RRA 2025 primarily reforms the private rented sector. Secure Tenancies under the Housing Act 1985 are not directly changed by RRA 2025, though the extension of the Decent Homes Standard and Awaab's Law to the private sector brings private tenants closer to the standards social tenants already enjoyed. Secure tenants continue under the 1985 Act regime.
Welsh secure tenancies
Wales has its own regime under the Renting Homes (Wales) Act 2016, which introduced 'secure contracts' and 'standard contracts' and largely superseded the 1985 Act for new Welsh grants. English secure tenancies remain under the 1985 Act.