Prohibited conduct standard contracts: rights and responsibilities
- A prohibited conduct standard contract is a 12-month probationary contract granted by a court.
- It is easier for your landlord to evict you under a prohibited conduct contract.
- Community landlords can give you a prohibited conduct standard contract if you have engaged in anti-social behaviour.
If you moved into your home before 1 December 2022 the information below does not apply to you. Please visit our converted contracts advice section.
This page explains your rights if you have a prohibited conduct standard occupation contract with a community landlord. It covers the rights you have to live in your home without being disturbed and to get repairs done.
It does not explain the procedure that a community landlord has to follow to give you a prohibited conduct standard contract. For information about this, click here.
Do I have a prohibited conduct standard contract?
A prohibited conduct standard is a 12-month probationary contract that can be given to you if you breach a secure occupation contract by engaging in antisocial behaviour. Anti-social behaviour means using your home for criminal activity or behaving in a way that might cause nuisance or annoyance to people in or near your home. This includes people living with or near you and also landlord staff and contractors. It is a fundamental term of all occupation contracts that you must not engage in or threaten to engage in anti-social behaviour.
When will my contract change back to a secure contract?
If there are no problems during the probationary period your contract will be replaced with a new secure contract after 12 months. To find out about how the probationary period can be extended and what you can do if this happens to you, click here.
What information should I be given at the start of my contract?
Your landlord should give you a new written occupation contract within 14 days of your contract starting, telling you your rights and responsibilities. You should read the contract carefully. If you are unsure about the terms get help. You should have received information about the annual gas safety check, electrical installation condition report and an Energy Performance Certificate (EPC) when you became an introductory or secure contract-holder.
Can I be evicted?
Yes. It is usually quite easy for your landlord to evict you under a prohibited conduct standard contract because they don’t have to prove a legal reason to the court. Your landlord has to follow the right procedure. If they want to evict you they must give you a notice and, once you receive the notice, you will have a right to ask your landlord to review their decision to evict you.
Find out more information by reading our advice about eviction of prohibited conduct standard contract-holders.
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 must give at least 2 months’ notice on a RHW12 form.
If your landlord wants to increase your rent less than a year after your last rent increase, get help.
Your rent should always be your top financial priority as you could lose your home if you get into rent arrears. If you are claiming benefits or have a low income, you may be able to claim housing benefit or Universal Credit housing costs to help with the rent.
Can the landlord change my contract?
If you have a prohibited conduct standard contract your landlord can change:
- some fundamental terms (if you agree and your position is improved)
- any supplementary and additional terms (if you agree)
Changes can only be made by agreement. If any changes are agreed, your landlord should give you a ‘written statement of variation’ within 14 days. They may choose to give you the full written contract again, including the changed term. If your landlord does not provide either of these, find out what you can do here.
Who is responsible for repairs?
- 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.
Find out more about repairs if you have a community landlord 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?
You don’t normally have the right to take in a lodger or sublet part of your home while you are a prohibited conduct standard contract-holder. If you do so without written permission from your landlord, they may decide to evict you.
Can I add a joint contract-holder?
Your contract should give you the right to add a joint contract-holder if your landlord agrees. This is a fundamental term of secure, periodic standard and fixed term standard contracts. Find out more here.
Can I transfer my occupation contract to someone else?
You can’t transfer a prohibited conduct standard occupation contract (ie pass it on to someone else during your lifetime) unless it’s done as part of a divorce or other family proceedings. You might be able to do so once your contract becomes a secure contract again, but only if your landlord agrees.
Can someone else take over my contract when I die?
As a prohibited conduct standard occupation contract-holder, there are rules about who the occupation contract can be passed on to. The legal process for passing your contract on when you die is called ‘succession’.
Can I transfer to another community landlord home?
Most councils have a waiting list for community landlord contract-holders who want to transfer to another community landlord home. Your local council can give you information about the rules. Your application might not be allowed or given less priority due to antisocial behaviour.
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 contract-holder?
You probably won’t be able to swap your home with another community landlord contract-holder. Once your probation period ends and you are given a secure contract, you will be able to swap your home with another secure contract-holder, possibly in another part of the country.
How can I end a prohibited conduct standard occupation contract?
If you want to end your prohibited conduct standard 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 a community landlord isn’t treating you fairly or has failed to fulfil its responsibilities, you should use their official complaints procedure. You usually have to do this before you can take things any further.
If you’re not happy with the response you get, you can complain further to the Public Services Ombudsman for Wales.