Changes and termination of Tenancy

 

Each tenant signs a Tenancy Agreement which is the contract between the Council and the tenant.

 

The Tenancy Agreement states “The tenancy is terminable by four weeks written notice previously given by the tenant”.

 

Under the Tenancy Agreement, the tenant can terminate their tenancy by giving the four weeks written notice to the Council’s Tenant Services - this termination cannot be refused.

 

If you would like to terminate your tenancy, please ask your Area Housing Officer for a form or write to them.

 

 

If a letter is received from the tenant but it does not clearly state that four weeks written notice is being given with the intention to terminate the tenancy, the Council will seek clarification from the tenant, either in writing or by a personal visit from the Area Housing Officer.

 

The Council will only accept the offer of termination of the tenancy agreement if there is a clear intention to terminate the tenancy and the four weeks notice is clearly specified in writing.

 

 

On receipt of a termination letter giving four weeks written notice, signed by the tenant, any outstanding rent must be paid. 

 

Any rent still owed at the end of the tenancy is a debt to the Council and must be repaid.

 

 

If one partner of a joint tenancy wishes to terminate the tenancy agreement, the entire tenancy is terminated.

 

The restarting of the tenancy for the remaining tenant/s can then be considered by the Council who will take into account possible homelessness, size of accommodation required and family composition.

 

 

The remaining tenant could terminate their tenancy and cancel the entire tenancy.

 

However, this would end the tenancy and the Council will then need to consider if a new tenancy is to be granted. The following points will be considered:

 

 

If obtaining a divorce, a Property Adjustment Order could be obtained transferring the tenancy. This is an order of the Court in divorce proceedings and will not affect current tenancy rights.

 

The joint tenant not living in the property could make a written request to assign the tenancy to the remaining tenant. If this option is considered, please note there can be no further changes to this tenancy.

 

 

The Tenancy Agreement states that the property must be vacant on termination of the tenancy. This means that the property must be given back to the Council with no other occupiers or rights affecting the property. This does not affect, however, the right of the tenant to serve notice to terminate.

 

Unauthorised occupants will be interviewed and told they have no right to occupy the premises. If they do not leave the property, then the Council will seek a Court Order to remove them.

 

The Council cannot make you leave your house or flat without a Court Order unless you leave voluntarily.

 

 

If a tenant dies and there are no known relatives or next of kin, the Council will attempt to find out who has responsibility for the tenant’s affairs and ask them to provide a written termination of this tenancy stating when the keys will be returned. If there are rent arrears, these will be recovered from the former tenant’s estate.

 

 

The next of kin will receive a letter from the Council accepting the termination of the tenancy agreement and confirming the date the keys are due back and enclosing a rent account statement.

 

The Tenancy Agreement states that all keys must be returned by noon on the Monday after the week of moving out. 

 

 

If the keys are not back by this time, a further week’s rent will be levied and the tenant will be liable for this rent. If it is necessary to change the locks, the outgoing tenant will be charged for this work.

 

 

Your Area Housing Officer will visit you before you leave to consider various matters with you.

 

When you leave the property, you must clear all your belongings from the property including any items in the loft, gardens or outbuildings. If you rent a garage and are terminating the licence, the garage must also be cleared. If you leave any items at the property without the Council’s agreement, the Council will clear them and charge you the cost of removal. Any items left at the property cease to be your property and become the Council’s property.

 

Any rubbish which is left at the property will be removed and the costs recharged to you.

 

When you leave your home, please ensure that the property is left clean and in a good state of repair and decoration. All cupboards should be swept out and surfaces washed down and the bathroom and lavatory must be thoroughly cleaned. Any damage to fittings in your home should be made good before you leave. You will be charged for the cost of any damage not made good.

 

The property should be cleared of floor coverings unless permission to leave them has been given by the Council.

 

If work on the property has to be carried out because you have failed to make the necessary repairs, you will receive a bill itemising the work and the costs.

 

 

The Council is unable to redirect your mail. You can contact Royal Mail and ask for redirection of your mail for a fee.

 

 

You should arrange for final readings to be taken of gas, water and electricity meters. You are advised to take your own readings in case of dispute. Do not ask for disconnection as a new tenant will occupy the premises soon. 

 

In winter months, the water supply should be drained to prevent freezing pipes.  Please contact the Area Housing Officer to arrange for a plumber to drain the property if it will be left unoccupied before the date of the termination of tenancy.

 

 

If any of the following costs are incurred by the Council, you will receive an invoice shortly after the tenancy end date asking you to arrange payment:

 

 

Contact the Area Housing Officer if you have any queries.