There are different ways to terminate a tenancy. This advice will help to ensure you are following the correct procedure.
It is a condition of a council tenancy that a minimum of 28 days' notice must be given, unless the tenant has died.
We'll issue you with a Notice to Quit form as soon as you notify us of the intention to terminate.
Please note, a tenancy can only be ended by the tenant themself or, by someone who has the legal power to do so. We will ask for proof of this power.
The period of notice starts on the Monday following our receipt of the Notice to Quit form, and ends 10.00am on the Monday 4 weeks later. If this form is received on a Monday the notice period will start that day.
Rent is due for the whole 28-day notice period.
If keys are handed in sooner, we will try to re-let the property immediately and will end the tenancy upon the start of the next tenancy.
Rent will be charged beyond the 28-day notice period if the keys are not handed in by then. In this case rent will be charged up to the Sunday following the date that the keys are handed in.
If the reason for termination is death, there is no set notice period. Rent will be charged up to the Sunday following the date the keys are handed in.
The property, gardens and outbuildings should be left in good order and clear of any personal belongings. Any items left in the property will be disposed of.
You will be responsible for carrying out any remedial work required. Failure to bring the property up to an acceptable standard before handing in the keys may result in you being charged for the costs of us carrying out this work.
Where possible, we'll ask to carry out a property inspection prior to the keys being handed in.
Terminations in person
As soon as you've made the decision to terminate your tenancy, please contact your Housing Management Officer (HMO). You can do this in person at a drop-in session, via the telephone, via email or, via the Open Housing Portal if you are registered.
Your HMO will issue you with a termination form, which contains the notice to quit. Please complete this fully, ensuring you record the following:
- name of the person giving notice
- relationship to tenant - if not a joint tenant, you must provide proof of authorisation to act on their behalf
- a contact address
- a contact phone number
- availability for a property inspection
Terminations on the death of the tenant
Following the death of a tenant, a tenancy can only be legally ended by the Executor of a will or, if there is no will in place, by us serving a Notice to Quit on the Public Trustee.
As soon as we are notified of a death, we'll ask if there is a will in place.
Where a will is in place
If you have a will in place, please let your Executor know that only they have the right to end your tenancy. This may not be done by your next of kin or someone you have given us as a named contact.
The Executor must:
- contact your HMO to advise us of the death
- provide a copy of the will and identification to prove they are the Executor
The Executor has the right to enter your property. If they have no keys, we can provide a lock change.
Rent will be charged to the estate until the keys have been handed back to us.
The property should be left clean, clear of all items and of a good standard.
Where there is no will in place
Following the death of a tenant where there is no will in place, by law we can only end the tenancy by serving a Notice to Quit on the Public Trustee. This can be very concerning for relatives or friends who notify us of the death.
As soon as we have been notified of the death, we will ask out legal department to serve a Notice to Quit on the Public Trustee.
A Section 41 Notice will be served on the ‘Personal Representative’. This will allow us to clear and dispose of items in the property at the end of the notice period.
By law, we are unable to give anyone, including ourselves, access to the property until the Notice to Quit has expired after 28 days. We cannot even allow access for items such as clothes for burial, ID, birth certificates.
If there are family or friends that already have a key to the property, we cannot become involved with any removal of belongings.
Where there is no will in place, certain family members may apply to the Probate Registry for Letters of Administration, allowing them to deal with the estate. There may be a fee charged for this depending on the value of the estate.
See further details on applying for probate (GOV.UK).