It is a condition of your tenancy that you must give us at least 28 days notice in writing. Please complete our Termination of Tenancy Form if you wish to end your tenancy. Verbal notice can initially be accepted by us but the 28 day notice period will not commence until we receive it in writing.
Your written notice should include the following information:
1. Date of tenancy termination
2. The date you are intending to leave the property.
3. Reasons for leaving
4. If the tenancy is a joint tenancy, the written consent of both tenants
5. The written consent of any ‘non entitled spouse/civil partner’ (see notes below)
6. Any outstanding repairs known to you
7. Confirmation on whether you are prepared to allow prospective tenants to view your property prior to you moving.
8. Daytime telephone number and times when you can be contacted.
9. Forwarding address.
10. How you propose to clear your rent account if there are rent arrears outstanding.
Under the Family Law (Scotland) Act 2006 the written consent of any ‘non-entitled spouse or civil partner’ is also required if you wish to end your tenancy with us. A non-entitled spouse is the marriage partner of the tenant and who has the right to occupy the matrimonial home. A non-entitled partner is the civil partner of the tenant and who has the right to continue to occupy the family home.
The termination of tenancy notice will be invalid if the written consent of any non-entitled spouse or partner is not provided (there is a specific section on our Termination of Tenancy Form to be completed). Please contact your Housing Officer for further advice and guidance on this matter if required.
If you are transferring to another Bellsmyre Housing Association property
If you are one of our tenants at the moment and have accepted a transfer to another one of our properties we may agree a 14 day notice of termination. We will take into consideration factors such as any outstanding repairs due to be carried out on your current and /or future home before we decide on an appropriate termination date. You must therefore allow us access to inspect your property before we make a formal offer of housing to you.
If the tenancy ends as a result of a death
When a tenant dies and no-one is entitled to take over the tenancy, the tenancy will end. For more information, please see our information leaflet called ‘A Guide to Successions’ and go to the Tenancy Changes pages of this website. A family member should provide us with a copy of the death certificate. We will give relatives up to 5 days from the date of bereavement to empty the property and return all keys to us.
If you are moving to long term care / hospitalisation
For cases of long term care / hospitalisation and permanent care, the 28 day notice of tenancy termination would not automatically be taken. There can be a lengthy assessment process undertaken by health care professionals etc. before a decision is made for someone to be permanently in residential care. Our Housing Officers, therefore, have the discretion to decide on the most appropriate end of tenancy date according to the individual circumstances. This decision will take place following close liaison and consultation with all relevant parties.
If you hand keys in without giving us the written notice, we will charge rent for the full 28 day’s notice period. Also if you have given us written notice but hand the keys in after the 28 days/ termination date, we will charge rent on the property up until the keys are received. If you fail to hand the keys in and we have to change the locks the cost of this work will be recharged to yourself.
Please note that Housing Benefit stops from the date that you move out of the property. If this is before your termination date then you will be liable to pay the full rent from the date you move out up until the tenancy termination date.
Vacant possession of the property must be given to us. This means that no-one must be left in the property when the keys are handed in.