Ending your tenancy is different from eviction; while we are your landlord and must adhere to legal protocols for eviction, please refer to the Guidance for Housing Authorities on the Management of Arrears and Prevention of Evictions in Public Sector Housing for detailed information.
You have the right to end your tenancy under specific guidelines.
Key Differences:
Ending a tenancy is not the same as:
- Applying for a transfer; or
- Swapping your home
Giving notice to your social landlord
To officially end your tenancy, you must provide written notice to your landlord. Here’s how to do it correctly:
- Notice Period: You need to give at least one week’s notice in writing. This notice must begin and end on a Monday.
- Named Tenant: If there is only one named tenant on the tenancy agreement, that person is the only one who can end the tenancy.
Responsibilities Until Tenancy Ends
- When you leave the property, any other occupants must also vacate.
- The property must be returned free of all personal belongings and rubbish.
- You are responsible for the property until your tenancy officially ends:-
- Continue paying rent, even if you move out before the end date
- Take care of the property.
- You cannot allow anyone else to move in during this period.
Please note that your landlord may allow viewings of the property after you give notice.
Ending a joint tenancy
In a joint tenancy, all tenants share equal rights. If one tenant gives notice, it ends the tenancy for everyone.
- If only one joint tenant notifies us, we may still require the other joint tenant(s) to vacate.
- If you wish to stay in the property and are concerned about the other tenant giving notice, inform the Housing Office. We will attempt to secure notice from both tenants and may help you protect your rights, possibly through an injunction. Contact the Citizens Advice Bureau or an Advocate for assistance.
Example Scenario
If you split from your partner and they give notice, both tenants must leave. You will need to determine if the tenancy can be transferred to you and arrange a new contract with the landlord.
Returning your keys
Keys must be returned to the landlord by noon on the last day of your tenancy. Ensure you discuss the key return process and ask for a receipt as proof. You are still responsible for paying rent until the tenancy ends, even if the keys are returned early.
Outstanding balances must be cleared upon key handover.
Relationship Breakdown
In cases of relationship breakdown, the Commissioners cannot transfer a joint tenancy to one party without a Court Order or mutual agreement.
- Contact the Housing Office promptly for advice
- Seek independent support from an Advocate or the Citizens Advice Bureau.
If you leave your home due to violence and do not intend to return, we may apply to the Court to terminate your tenancy, following efforts to contact you first. This action will void the rights of any remaining occupants.
Giving Notice Exceptions
We may accept a shorter notice period under certain circumstances:-
- Death of the tenant - See “Ending a tenancy upon bereavement”
- Long-term admission to a care facility or hospital.
- Inability to live independently due to age, infirmity or illness
- The threat of violence, Court Order or a disaster (fire, flood, etc).
- Urgent need to relocate for family support or immediate employment.
- New tenants return keys within one week of signing the agreement.
Moving Out
You must move out and return the keys by the end of the notice period. If keys are handed in after that Monday, you will incur extra rent charges.
Final Steps
- Read gas and electricity upon leaving and turn off the water supply.
- Remove all personal items, including furniture and rubbish. Anything left behind will be disposed of at your expense.
- Ensure no one else remains in the property when you move out; failure to comply will result in eviction and legal charges.
Before your notice expires, the Property Maintenance Manager will inspect the property. You must leave all fixtures and fittings in good, clean condition (barring fair wear and tear). Charges may apply for unapproved alterations or missing items.
Important Information on Transferring or Swapping Your Tenancy
If you are considering transferring to another property or swapping homes with another tenant, please note the following:-
- Application Completion: Please complete the transfer application form and return it to the Housing Office for processing.
- Inspection Requirement: An inspection of your current home will take place before we can authorise the move. This ensures that the property is in good condition and meets our standards.
- Rent Account Status: Your rent account must be rent-free and clear for a minimum period of six months before the transfer or swap. This means all rent payments should be up to date.
- Breach Rectification: Any breaches of tenancy must be resolved before proceeding with the transfer or swap. This includes addressing any outstanding issues or violations related to your tenancy agreement.
- Landlord Agreement: A written agreement is required from your landlord before you can proceed with the move.