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Changes to your tenancy agreement

There are various ways that you can make changes to a council tenancy. However, what you can do depends on the tenancy you hold. Some guidelines are given on this page but please contact us directly for advice on your personal situation. When making changes to your council tenancy, we always recommend that you seek independent legal advice.

Mutual Exchange

Existing tenants can exchange homes and tenancies with another tenant of another council or social landlord, dependant on the type of tenancy each party holds. Permission from both landlords is required and a decision will be given within 42 days from full applications being received.  A property inspection will also be required.

It is illegal to offer money to another tenant to induce them to move.

The councils use Homeswapper to assist you to find a suitable exchange. Once any suitable exchange is found, please contact your council to progress.

Downsizing

If you are considering moving to a smaller property or are looking to move into sheltered accommodation from general needs accommodation, you may qualify for a financial incentive. Depending on your personal circumstances, you may qualify for assistance to help you with removal costs, clearance costs or debts owed to the council. Please contact your local council for details of any current incentive schemes available.

See Cash incentives for downsizing

Right to Buy

View our Right to Buy Scheme information for details on what both councils can offer.

Ending your tenancy

Your council tenancy does not automatically end when you move out of your home. This also applies when a tenant passes away. In order to end your tenancy, you or your executor must give the council at least 28 days written notice from the following Monday. We will acknowledge this and arrange to visit the property to carry out an inspection. By the agreed date, we must be given vacant possession by the keys being returned and the property cleared. Any repairs required that are the responsibility of the tenant, including items or rubbish left in the property, will be recharged to you. Please contact the council if you are considering ending your tenancy. Please be aware that, in cases of joint tenancy, we only require notice from one party on the tenancy to end the agreement.

If you breach the terms of your tenancy agreement, the council will take appropriate action to address this. In the case of a series breach, the council will seek to recover possession via the court process.

If you have rent arrears, once your tenancy has ended contact us to make an arrangement to clear the arrears on your account. If you do not pay the arrears we may pass your details to a debt collection agency.

If you still fail to pay the arrears this may result in bailiffs coming to your property.

Former tenant arrears can affect your credit rating if you do not pay the debt and you may have problems applying for housing in the future.

Death of a tenant

Coping with the death of a friend or relative is never easy and trying to deal with their affairs can be complicated.

You should let us know about the tenant's death as soon as possible. We can advise you if anyone remaining living in the property has a right of succession to remain in the property. We can also talk you through the process of bringing the tenancy to an end, which will differ depending on who you are in relation to the deceased.  Please be aware that housing benefit will end on the Sunday following a tenant's death, so please contact us as soon as possible.

Succession

When a tenant dies, there may be a right for the tenancy to be passed on which is known as succession. A tenancy can only be passed on once. The rules governing the rights of succession depend on when the tenancy started and the type of tenancy held.

Sole or Joint tenancies

Where a tenant applies for housing with another adult who is living with them in the capacity of spouse/partner then the Council will usually offer a joint tenancy. This means that both are equally liable for the rent and conditions of the tenancy agreement.  If one tenant breaks the agreement the Council will take action against both tenants. 

If you have a joint tenancy, we are unable to amend this to a sole tenancy by simply removing one party even if both parties are in agreement with the request.   A Transfer of Tenancy can be obtained via the Courts under Part VII of the Family Law Act 1996.  It is advised that any tenant wishing to remove themselves from the tenancy seeks independent legal advice to establish the implications of giving up a secure Council tenancy.

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Last modified on 05 June 2024