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Secure Housing Executive 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've a secure tenancy
Most Housing Executive 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 living in temporary accommodation provided by the Housing Executive.
The Housing Executive should give you a tenant's handbook when you move in. This outlines your rights as a Housing Executive tenant.
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When can the Housing Executive evict me?
The Housing Executive can only evict you in certain circumstances. It must follow the correct procedure and get a court order. The Housing Executive can usually only get a court order if:
- you haven't paid your rent
- you haven't kept the accommodation in good condition
- the Housing Executive 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 Executive the truth on your application form.
The Housing Executive won't automatically get possession. The court will look at your personal circumstances before deciding if it is reasonable to evict you.
Get advice as soon as possible if the Housing Executive is threatening you with eviction.
The Housing Executive has a duty to provide advice on homelessness and its prevention to anyone in Northern Ireland who asks for it.
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Can the Housing Executive increase my rent?
The Housing Executive usually increase your rent every April. However, the Housing Executive can't increase your rent for improvements you have carried out yourself. You should be given at least four weeks notice of the increase. 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?
You are usually responsible for internal decoration and putting right damage you have caused. The Housing Executive 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 the Housing Executive'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.
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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 the Housing Executive. You must continue living in the accommodation. You could lose your tenancy if you sublet your entire accommodation.
The Housing Executive won't usually stop you from subletting part of your home. However, the Housing Executive 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. This 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 Executive 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 Executive 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. Get advice 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 need the Housing Executive's consent before you can assign your tenancy. The Housing Executive does not have to allow you to give your tenancy to someone else, but it must consider the circumstances of the request when making a decision.
You may be 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?
After spending two years in your home, you have the right to exchange or swap your home with another Housing Executive or housing association tenant. The Housing Executive and any housing association involved in the exchange must both agree to the swap.
The Housing Executive or housing association may refuse the swap in certain circumstances, such as if the swap will result in a property being underoccupied.
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Can I buy my home?
You may have the right to buy their property at a discount. The amount of discount you get depends on the amount of time you have spent in the accommodation.
There are certain types of property which cannot be purchased by tenants. These include ground floor properties and bungalows.
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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 the Housing Executive. The Housing Executive can withhold consent if the improvements could make the property unsafe or reduce it's value.
If you carry out improvements to your property you will become responsible for any future repairs to these features. For example, if you install a new gas heating system in your Housing Executive home, the Housing Executive cannot be held responsible for future repairs to this system. You will generally not be reimbursed for improvements to your home.
The Housing Executive mustn't charge you extra rent for any improvements that you carry out yourself.
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What if I have a complaint?
You can use the internal complaints procedure if you feel unhappy with the way the Housing Executive has treated you.
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