As a tenant of the Orwell Housing Association, you agreed to the terms of your tenancy by signing an agreement when you first moved in. The Agreement tells you your legal rights and responsibilities and those Orwell are liable for.

It is an important document so you should keep it in a safe place!

Orwell uses different types of tenancies in different circumstances. When agreements have been updated over the years, the detailed terms may change.  Ensure you know what type of tenancy you have as this will affect your rights and responsibilities.

This section summarises the general rules that define each tenancy type. It explains what might change your type or terms of tenancy.

Secure tenancy

If you moved into an Orwell tenancy before January 1989, even if you have moved to another Orwell home, you will have a ‘Secure  tenancy’. This also applies if you took over a tenancy that was granted before 1989 e.g. through succeeding on the death of the tenant or by assignment or mutual exchange.

Many of the rights of secure tenants are set down in law and cannot be changed by the landlord.

Full assured tenancy

If you first became an Orwell tenant after 15th January 1989 you will be an assured tenant, and in most cases it is likely to be a ‘full assured tenancy’. This includes tenancies in general and sheltered or very sheltered housing. Most of our full assured tenancies have very similar rights to a secure tenancy, although some of them are granted by Orwell through the agreement, rather than as set down in law.

After 1^st October 2011 very sheltered housing tenancies include a support and well being service which is fundamental in this type of accommodation.

Fixed term tenancies

If you moved into an Orwell property for the first time after October 2011 you will have been granted a ‘starter tenancy’. This means that your tenancy started as an assured shorthold tenancy, with fewer rights and enabling us to monitor your tenancy following which if the tenancy has been conducted satisfactorily Orwell will have offered you a full assured tenancy. 

If you moved into an Orwell property after  1^st October 2011 for the first time  you will have been offered a fixed term tenancy. 

 Demoted tenancy

A ‘demoted’ tenancy is almost the same as a ‘starter tenancy’, but can only be created by a Court if Orwell takes legal proceedings against a secure or full assured tenant for anti-social behaviour. The previous tenancy is converted by the court to this less secure type of tenancy.

Shorthold tenancy

If your home is in supported housing or in a property Orwell leases from another owner, and lets at ‘market rents’, you will have a shorthold tenancy that will not convert to full assured. These have fewer rights, for example regarding passing your tenancy to others, or sharing your home. The way it can be ended by the landlord is quite different. You have less ‘security of tenure’.

Other types of tenancy

There are other types of tenancy, for example in temporary schemes for homeless persons, and there are licences in certain shared accommodation and leases for shared owners or people who have exercised the Right to Acquire. These are not specifically covered by this handbook. Ask your Housing Officer for further information.