Ending Your Tenancy
If and when you end your tenancy you must make sure the house is
left in a suitable condition for the next tenant.
Before you leave the property you will be visited by a member of
the Housing Repairs Service who will discuss with you any necessary
repairs which need to be carried out on your home to bring it up to
a reasonable standard. You will be charged the full cost for any
work which needs to be carried out which is not due to fair wear
and tear.
Normally, Secure Tenancies can only be ended in one of the
following ways:
Giving 28 days notice in writing
- If you want to end your tenancy you must write and give us 28
days notice of when you will move out. If you don't return the keys
to your local area housing office (or to another agreed Council
office) by the due date you will be charged rent for the additional
time at the normal weekly rate. (When a tenant moves in to
permanent residential care, or dies, the rental charge ends as soon
as the keys are returned to the area office).
- If the Council ends your tenancy through legal proceedings you
will have to pay the rent for the period up to the date of
eviction, and pay all court expenses and Sheriff Officer's
fees.
If tenant dies and no-one has the right of to inherit
- The tenancy is terminated and the rent stops on the date the
keys are returned to the area office.
Repossession
Your tenancy is at risk if you have not met the terms of the
Tenancy Agreement. This may include:
- Not paying rent;
- Any member of your household is convicted of using the house or
allowing it to be used for illegal purposes;
- The condition of your house or common areas has deteriorated
because of neglect or damage caused by a member of your household
or visitors;
- If you provided false information in your housing
application;
- Not using the property as your main home.
Initially a Notice of Proceedings for Recovery of Possession of
your house will be served, giving the grounds for eviction. If the
situation hasn't been resolved in the following 28 days an action
will be lodged in court. The Sheriff will then determine whether
it's reasonable to end your tenancy.
At any stage during these proceedings you can contact your local
area housing office to discuss what steps you can take to resolve
the situation and avoid the need for court action. You can also
defend any legal action taken against you.
Abandonment
If we have reason to believe you have left the property without
telling us, we will serve a Notice of Abandonment to end your
tenancy. It may be necessary to forcibly gain access to the
property to make it secure. If you don't contact your Area Office
within 28 days of the Notice of Abandonment being served the
tenancy will be formally terminated.
In some cases, and if the value of the items justifies it, we will
store household contents for six months. After that we will dispose
of your belongings. Any money made from the disposal will be
off-set against any outstanding debts.
If you feel we have acted unreasonably you can appeal to the
Sheriff Court. You can get legal advice on appealing by contacting
a solicitor or the Citizens' Advice Bureau.
