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Ending and transfering tenancies

What happens when people are left in a property following the death of the secure tenant?

In the case of a joint tenancy, the surviving tenant will normally be entitled to succeed to the tenancy. This is also the case where there is a sole tenancy but there is a spouse living in the property.

In the case of a sole tenant where there is no spouse it is possible that the tenancy can be transferred to a relative, so long as they have been living in the property for at least one year prior to the death of the tenant, and there has been no previous succession since 1980. However, the council can exercise its right to move the remaining tenant to accommodation appropriate for their needs.

In cases where more than one party has right to succeed the parties involved must either decide between them who succeeds or the decision will be made by the council.

Relationship Breakdown

If both parties agree that tenant can voluntarily assign the tenancy in favour of the remaining partner. If there is a dispute then either party in a matrimonial relationship may apply to the County Court for an order transferring the tenancy to their name and this is a matter where you should seek advice from a solicitor. The court will normally give the tenancy to the person who is given custody of the children.

In non-matrimonial relationships a partner's right to the tenancy are not automatic and advice should be sought from the housing department.

While any dispute over the tenancy is being resolved the other party should register on the housing waiting list their needs can be assessed.

Terminating your Tenancy

When you accept your tenancy from the council you agreed to give four weeks notice if you wished to leave. Notice should be given in writing and sent to the Housing Department at 26 Endless Street, Salisbury. The council recognises that there will be some circumstances in which it is not possible to give a full four weeks notice. If this is the case you will need to state your reasons in writing.

All the keys for sheds, bin stores, communal entrance doors, etc should be handed in to the Housing Department before 12 noon on the Monday on which the four weeks notice period ends. If the keys are not returned by this time, or notice is not given, you may be held responsible for rent of the property.

After you have left, a Repairs Inspector will carry out a survey of the property and you may be charged for any repairs beyond those, which would be reasonably expected through fair wear and tear. It is therefore in your interests to report any repairs needed well before you move, and try not to cause any damage to the property or decorations when moving out. The Council also has a scheme whereby tenants moving to another of its properties may receive a decorating allowance if their previous home has been kept in good decorative order.

Remember to tell the electricity, gas and telephone companies that you are moving, and let them know your forwarding address so that your final account can be sent on to you after a final reading is taken. It is also advisable for you to take final meter readings yourself.

Always leave a forwarding address with the council so that they may forward mail etc.