How can you end your tenancy?

If you are a current Council tenant and you are moving home, you must give four weeks notice in writing. The letter giving notice must be received by 12.00 noon on a Monday -  your tenancy will end on the Sunday four weeks later. If it is not received by 12.00 noon on the Monday you will be charged an extra weeks rent. 

 

Ending a tenancy that’s not your own

When a relative or close friend passes away dealing with their affairs at this time can be very difficult.

If your friend or relative was a tenant of Mid Devon District Council, you should contact their Neighbourhood Officer about the following –

  • The name and address of the deceased
  • Date of death
  • The contact details of the person dealing with the affairs of the deceased person; please let our staff know if you are the Executor
  • If known, the date you expect the property to be cleared and the keys returned to the office
  • We will need to see a death certificate or alternatively a “Tell Us Once” form, which is completed with the Registrar.

At least four weeks’ notice is required, in writing, with the tenancy ending on a Sunday.

We are only able to accept a formal notice to end the tenancy from the Executor. However, if there is no will or the named Executors aren't willing to act, an Administrator who is responsible for dealing with the estate can provide us with this.

An Administrator has to apply for letters of administration before they can do this. In the event that there is no Executor or Administrator, the Council will need to apply to the Public Trustee to formally end the tenancy. The tenancy will then end on the next Sunday after 28 days have passed from the date when the Public Trustee was informed.

 The rent due and any other charges should be paid in full. If the tenant was receiving housing benefit this will cease on the Sunday following the date on which they passed away and Council Tax benefit will cease on the day before they passed away. Don’t forget to tell Council Tax and, if applicable, our Housing Benefit teams to advise them of this change on 01884 255255.

If there is an outstanding balance on the rent account after the termination date, we would expect to recover this from the deceased person’s estate.

If you are the husband, wife, partner or relative of the deceased person and are living at the property, then you will need to contact the Neighbourhood team to get additional advice. For example, if you or anyone else was living in the property for twelve months or more when the tenant passed away, you or they may be able to continue living there. We will let you know if you or they can do this.

If you were not a joint tenant or do not qualify to succeed to the tenancy and you require alternative accommodation, our Neighbourhood team will advise you of your options and you will need to return the keys to us when the notice period on the property ends.

If you are a joint tenant, you will not need to end the tenancy, but you will need to contact us to update your tenancy details.

Returning the keys

All keys to the property need to be handed back to us by 10am or Midday, on the Monday immediately following your tenancy end date. Please refer to your tenancy agreement to see which time applies.

 

A Tenant moving into a Care home

If a tenant moves into a Care home and has no intention of returning to their property, a notice will need to be served to end their tenancy.

If the tenant has mental capacity they will need to follow the procedures and must give four weeks’ notice in writing. 

If a tenant does not have mental capacity and has a Power of Attorney (POA), that person will need to give four weeks’ notice in writing

Please see the link for more details - https://www.gov.uk/power-of-attorney/overview

If a tenant does not have mental capacity and doesn’t have a Power of Attorney (POA), you will need to contact the Neighbourhood Officer as soon as possible to discuss the way forward.

Please note that if the tenant is receiving Housing Benefit, it will stop on the Sunday after it is confirmed that they have no intention to return to the property.

Each year, we spend thousands of pounds cleaning and clearing empty properties before we can make them ready to let again.  This means we have less money to spend on repairs and other improvements to our properties.

Before you move out, you are required to:

  • allow our technical staff in to inspect your home
  • allow us to show prospective tenants around your home before you move out
  • have a clear rent account
  • return all the keys to the property to us by midday on the Monday immediately following your tenancy end date 
  • contact your utility providers and give them your meter readings. If you have key meters, leave keys in the meters with no debts
  • arrange for your mail to be redirected

For tenants who are moving out completely and not transferring to another Council home, you will also need to provide us with a forwarding address.

All tenants are required to:

  • make sure that the garden is tidy and free of rubbish
  • remove all furniture, belongings and any rubbish from the property - this includes the loft, garden and sheds
  • leave the property in a clean condition - windows, floors, cupboards, worktops and all sanitary ware

All tenants must also: 

  • make sure the property is in good decorative order
  • repair any damage caused by the removal of fixtures
  • repair everything that you, or another member of your household, have damaged
  • clearly mark any items that you have agreed with us to leave behind for the new tenant

If you do not comply with the above guidelines, we will charge you for the cost of cleaning and clearing your home.  You will also be charged for any repairs that you should have fixed and did not.

In line with our Recharges Policy you will be liable to pay for any work that is not fair wear and tear. Examples of this include clearance of property and gardens at the end of the tenancy, rechargeable repairs and unauthorised alterations by a tenant where retrospective consent cannot be granted.

Moving home can be a stressful experience. Below is a checklist that covers some of the more important things you need to do:

  • change your Council Tax details - go to the Council Tax change of address page for more information
  • contact any Benefit providers for both the property you are leaving and the property you are moving to. For more information see our Benefits page
  • GP and dentist - check if you need to register with a new GP and dentist if you are moving to a new area
  • redirect your post - contact Royal Mail if you wish to do this
  • utilities (gas, water, electricity, oil) - remember to take meter readings before you leave your current property and at the new property when you arrive and pass these on to the utilities companies
  • driving licence and vehicle registration - you will need to have your driving licence and vehicle registration changed to your new address. You can do this online at www.gov.uk/change-address-driving-licence
  • Electoral register
  • TV licence - your licence covers your current address so please contact TV Licensing to change your address details

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