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Secure housing association tenants can only be evicted in certain circumstances. You may be able to pass on your tenancy, get a transfer or buy your home. You can take in lodgers.
How do I know if I have e a secure tenancy?
Most housing association tenants are secure tenants. However, you might not be a secure tenant if:
- you moved in less than a year ago (you are likely to be an introductory tenant)
- you are sharing housing association accommodation with people who are not part of your household (you may be an unsecure tenant)
- you are living in temporary accommodation provided by the housing association (for example, a hostel).
Your housing association should give you a tenancy agreement when you move in. This outlines your rights as a housing association tenant.
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When can my housing association evict me?
Your housing association can only evict you in certain circumstances. It must follow the correct procedure and get a court order. The housing association will usually only get a court order if:
- you haven't paid your rent
- you haven't kept the accommodation in good condition
- the housing association decides that you, a member of your family or someone visiting your home has been guilty of antisocial behaviour
- you didn't tell the housing association the truth on your application form.
The housing association won't automatically get possession. The court will look at your personal circumstances before deciding if it is reasonable to evict you.
Get specialist advice as soon as possible if your housing association is threatening you with eviction. The Housing Executive has a legal duty to give housing advice and information on preventing homelessness to anyone who asks in Northern Ireland.
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Can my housing association increase my rent?
Your housing association can only increase your rent once a year. The rent is usually increased every April. You should be given at least four weeks notice of the increase. Your housing association can't increase the rent because of improvements you have carried out yourself. It is difficult to challenge a rent increase even if you think it is unfair.
Paying your rent should be your top priority. Get advice if you think you may have problems paying your rent.
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Who is responsible for repairs?
In most cases, you are responsible for internal decoration and putting right any damage caused to the property by you, members of your household or guests to the property. Your housing association will usually be responsible for most other repairs.
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Can I take in a lodger?
You have the right to take in a lodger. You don't need your housing association's permission to take in a lodger. However, any extra income you get from your lodger could affect your benefits entitlement, such as housing benefit.
If you receive housing benefit and there is someone living in your home who is not dependent on you the Housing Executive may make a deduction from your benefits. This "non dependent deduction" also applies to adult children living in the home with you.
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Can I sublet my home?
You have a right to sublet part of your home if you get written permission from your housing association . You must continue living in the accommodation. You could lose your tenancy if you sublet your entire accommodation.
Your housing association won't usually stop you from subletting your home. However, the housing association might stop you subletting if it would lead to overcrowding.
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Can I pass on my tenancy when I die?
If you have a joint tenancy the other joint tenant will automatically take over the tenancy when you die. If you are the only tenant the rules are more complicated. Passing on your tenancy to someone after you die is known as succession.
The tenancy can be passed on to your husband or wife if s/he lived in the property as their main home at the time of your death.
A close relative may also be able to take on the tenancy if s/he lived with the housing association tenant for at least 12 months before the tenant's death. A close relative includes:
- a parent
- a grandparent
- an aunt or uncle
- a niece or nephew
- a child
- a grandchild
- a stepchild.
Housing association tenants usually only have the right to one succession. For example, if a wife succeeds to her husband's tenancy, she may not be able to pass the tenancy on to her child when she dies.
Succession is complicated. An adviser can help you if you are unsure about your rights.
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Can I give my tenancy to someone else during my lifetime?
This is called assigning your tenancy. You will need your housing association's consent before you can assign your tenancy.
You are able to assign your tenancy if :
- you have to assign the property because of a court order
- you are assigning your tenancy to someone who would be able to succeed to your tenancy
- you are exchanging your property.
Get advice if you wish to assign your tenancy but are unsure of your rights.
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Can I exchange my home?
You have the right to exchange or swap your home with another housing association or Housing Executive tenant if you get written permission from your housing association.
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Can I buy my home?
You have the right to buy your property at a discount. The amount of discount you get depends on the amount of time you have spent in the accommodation. You must have lived in social rented accommodation for at least 5 years to qualify for the right to buy scheme.
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Can I improve my home?
You have the right to carry out improvements to your home if you have the written consent of your housing association. Your housing association can withhold consent if the improvements could make the property unsafe or reduce its value.
Your housing association mustn't charge you extra rent for any improvements that you carry out yourself.
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What if I have a complaint?
Use the internal complaints procedure if you feel unhappy with the way your housing association has treated you.
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