If a tenant keeps to all the conditions of their tenancy agreement during the trial period of 12 months, their probationary tenancy automatically becomes an assured tenancy.

What is a probationary tenancy?

A probationary tenancy (also known as a starter tenancy) is an assured shorthold tenancy. It is intended to last for only a short trial period of up to 12 months.

Who gets a probationary tenancy?

We give all our new tenants a probationary tenancy, unless they move into our properties from another social landlord as part of a mutual exchange, or they’re already one of our tenants.

How does a probationary tenancy work?

If you keep to all the conditions of your tenancy agreement during the trial period, your probationary tenancy will automatically become an assured tenancy. You won’t have to sign a new tenancy agreement, and you’ll have more rights than the probationary tenancy. However, if you break any of the conditions of your probationary tenancy, we may evict you from the property or we will extend your probationary tenancy by up to six months. If we extend your probationary tenancy, you have another chance to prove that you can keep to the terms of your agreement.

Why do you use probationary tenancies?

Probationary tenancies help us deal with problems caused by nuisance and anti-social behaviour. This makes life better for all our tenants. Probationary tenancies help us make sure that you (as a new tenant), your family and your visitors follow some basic rules, know your rights and know what to do if there’s a problem. If you seriously break the conditions of your probationary tenancy, it makes it easier for us to ask the court for possession of your home.

What rights do I have with a probationary tenancy?

Your rights are similar to those of an assured tenant. However, during your probationary tenancy you do not have the right to:

• apply to buy your home
• make improvements, alterations or additions to your home
• apply for compensation for improvements
• do repairs
• exchange or transfer from your home to another
• sublet or take in a lodger

What happens after I get my probationary tenancy?

We’ll monitor it to make sure you’re keeping to the terms of the tenancy agreement. We’ll review your tenancy twice during the 12-month trial period. The first review will be within six to ten weeks after signing the agreement. The second review will be by the end of eight months.

Your neighbourhood manager visits you for both reviews. If you’re having any problems, they’ll help you to sort them out. This could include helping you deal with rent arrears, getting your gas and electricity switched on again, or helping you deal with problems such as alcohol, drugs or debts.

What if there are problems with my tenancy?

If we think you have broken your tenancy agreement, we’ll contact you to talk about it and give you the opportunity to put things right. However, if you continue to break your agreement, we will look at ways to ensure that you stop doing this and improve the situation. This may include us taking legal action against you.

How will I know if you are going to end my probationary tenancy?

If you’ve broken your tenancy agreement and not put things right following our warnings, we can end your tenancy. We do this by formally giving you a Notice Requiring Possession. This is a legal document that sets out the details of how you have broken the tenancy agreement and says you must leave the property in two months’ time.

If you haven’t left the property by the date required, we can use a procedure called the Accelerated Possession Procedure, which means we can quickly get a court order to evict you.

Do I have the right to appeal?

Yes. Here’s what happens:

1. We send you a letter with the Notice Requiring Possession that will explain how you can appeal our decision.
2. You have 14 calendar days to write to us stating that you intend to appeal.
3. We let you know how and when the appeal will be heard. You will get a written summary of the information that we will present to the appeal panel and you can bring someone along to the hearing to support you if you wish.
4. A panel will hear your appeal, with an independent manager who has not had anything to do with your case. You can either write down what you want the panel to know, or you can explain it yourself by speaking to the panel at the hearing.

Where can I get more information?

• Speak to your neighbourhood manager.
• Contact the Citizens Advice Bureau for independent advice.
• Contact us.