Converted secure contracts
- If you had a secure council or assured housing association tenancy before 1 December 2022, then your agreement converted to a secure occupation contract on that date
- These types of contracts are known as ’converted contracts’
- The terms of your secure or assured tenancy still apply, unless they are incompatible with the ’fundamental terms’ now part of your converted contract
This page explains your rights if you have a converted secure occupation contract with a community landlord.
If you moved into your home on or after 1 December 2022 the information below does not apply to you. To find the correct information, please visit our Renting section.
Do I have a converted secure occupation contract?
If you had a secure council tenancy or assured housing association tenancy before 1 December 2022, then your agreement converted to a secure contract on that date.
However, if you had an introductory, starter, or demoted tenancy with a community landlord immediately before December 1 2022, your renting agreement will have converted to an introductory standard or prohibited conduct standard contract.
If you live in temporary or supported accommodation and moved in before December 1 2022, you won’t have a converted secure contract, but it is possible that your agreement converted to a standard contract.
Please see our community landlords converted contracts advice page.
What are the terms of my converted secure contract?
The terms of the renting agreement you had before 1 December 2022 will continue and they are now part of your converted secure contract.
However, the law also introduced fundamental terms and supplementary terms into all converted secure contracts.
To help you work out what the terms of your converted periodic standard contract are, you can follow these 3 rules:
- Fundamental terms are always valid
- The terms of your old agreement are valid except for those that are incompatible with fundamental terms
- Supplementary terms are valid except where they are incompatible with fundamental terms or the terms of your old agreement
Where terms are incompatible this should be noted in the contract.
For more information see our advice page about written contracts.
Will I get a copy of the new contract?
Your landlord must provide you with a written occupation contract by 31 May 2023.
You should also be given, if you haven’t already received them:
- a contact address for your landlord
- a copy of the annual gas safety check dated within the last year
- an Energy Performance Certificate (EPC) dated within the last 10 years
You should also receive an electrical installation condition report before 1 December 2023. This test should then be renewed every 5 years.
Can my landlord evict me?
Your landlord can only evict you by following the correct procedure and getting a court order. They have to give you written notice, and prove a legal reason why you should be evicted before they can get a court order. The most common reasons for eviction include:
- not paying the rent
- engaging in antisocial behaviour (your landlord could also apply to the court to give you a prohibited conduct standard contract in this case).
For more information see our advice about eviction here .
What are the rules on rent and rent increases?
Read your contract to see what it says about how the rent should be paid. You must pay the rent that you agreed with your landlord. If you don’t pay your rent your landlord can take court action to evict you.
Your landlord will give you rent statements from time to time, showing how much rent was due and how much rent was paid.
If your landlord wants to increase your rent they have to give you 2 months’ written notice on a RHW12 form. They can only increase your rent once a year.
Your rent should always be your top financial priority as you could lose your home if you get into rent arrears. If you have a low income, you may be able to claim housing benefit or Universal Credit housing costs to help with the rent.
Can I appeal against the rent increase?
If you were an assured tenant with a housing association before 1 December 2022, you may be able to appeal to the Rent Assessment Committee (RAC) if you think your rent has been increased unfairly. You must apply for an appeal before the date that your rent is due to increase.
Can my landlord change my converted secure occupation contract?
The terms of your converted secure contract can’t be varied until you have been given the written occupation contract.
Once you receive the contract your landlord can make changes to:
Your landlord can change a supplementary or additional term by giving you at least 1 months’ notice in writing. Before giving this notice, your landlord should write to you informing you that they intend to change a term of your contract, how it’s likely to affect you and give you the opportunity to give your views about the change.
Your landlord should give you a ‘written statement of variation’ within 14 days. They may choose to give you a full written contract in full, including the changed supplementary term. If your landlord doesn’t give you the written contract or the information in it is wrong, find out what you can do here.
Who is responsible for repairs and conditions?
Your landlord is responsible for ensuring that the property is kept in good repair. This includes dealing with:
- problems with the roof, guttering, windows, doors and brickwork
- plumbing, gas and electricity.
Your landlord should give you information about what repairs you are responsible for, which usually includes internal decoration and putting right any damage you cause.
If your home needs repairs, report the problem to your landlord straight away. They should have a 24-hour service for emergencies and proper procedures for carrying out any work involved.
Your landlord must also ensure that you home is fit to live in. If conditions in your home are very poor, if there is serious damp and mould for example, your home may be classed as unfit to live in.
For your home to be fit to live in, you must also have been given a carbon monoxide detector where appropriate.
Your landlord must also install mains-connected smoke alarms on each floor of your home and carry out an electrical installation condition report (EICR) by 1 December 2023.
You can find out more about repairs if you have a community landord here.
Your right to live in your home without interference
You have the right to live in your home without interference from the landlord or anyone acting on their behalf. If your landlord tries to do this s/he may be guilty of harassment, which is against the law.
To find out more about what you can do if your landlord is harassing you, read our advice about harassment and illegal eviction.
Can I take in lodgers?
As a converted secure contract-holder, you have the right to take in a lodger. This is a fundamental term of your contract. If you are thinking about renting out a room in your home it is a good idea to speak to your landlord first. There are some important things to think about before taking in a lodger. It might affect your income if you are claiming housing benefit or universal credit housing costs.
You probably won’t be able to sublet all or part of your home to a sub-holder unless you get your landlord’s permission. Find out about the difference between a lodger and a sub-holder here.
Can I transfer my occupation contract to someone else?
As a converted secure contract-holder, your contract can only be passed on to a person that is qualified to succeed you. The legal process for passing your contract on when you die is called ‘succession’.
Can I move to another community landlord home?
It may be possible to get a transfer to another property owned by a community landlord. Most councils have a waiting list for contract-holders who want a transfer and can give you information about the rules.
You are more likely to be offered a transfer if your home isn’t suitable for you. Even if this is the case, you may have to wait a long time for somewhere suitable.
You could ask your current landlord if they could transfer you to another of their properties. Their policies might allow for this, or they could advise you to apply to the council’s community landlord waiting list.
Can I swap my home with another secure contract-holder?
You can swap your home with another secure contract–holder in Wales. This is a fundamental term of your converted secure contract but you will need your landlord’s consent. You must both have permission from your landlords and the exchange must be arranged properly. If you go ahead and swap without both landlord’s permission, you could both lose your homes.
You may be able to swap your home with a secure or assured tenant from elsewhere in the U.K. Get help if you are unsure.
How can I end a secure occupation contract?
If you want to end your secure occupation contract and leave your home you should give the landlord the correct notice in writing. The minimum length of notice you should give your landlord is 4 weeks.
What if I have a complaint?
If you feel that your community landlord isn’t treating you fairly or has failed to fulfil its responsibilities, you can complain using their official complaints procedure. If you’re not happy with the response, you might be able to complain to the Public Services Ombudsman for Wales.