Tenancy Management Policy May 2024

6.1 Where the tenant wishes to end the tenancy

Tenants may decide to end their tenancy at any time. To terminate a tenancy the tenant must give the Council four full weeks' notice in writing, starting from a Monday. A Notice to Quit or tenancy termination form should be completed - tenants are advised to contact the Council if they wish to terminate their tenancy.

6.2 Termination by someone other than the tenant

If notice is being given by someone who is not the tenant, the Council will need to see the original Power of Attorney or a Will showing the person signing the notice is named as either executor or administrator of the will and therefore has the legal authority to end the tenancy.

6.3 Process and tenant responsibilities

Once the Council receives the Tenancy Termination Notice, this starts the four-week notice period for the tenancy ending. All tenancies will end on a Monday. Tenants will be responsible for paying rent and all associated charges until the keys are returned.

When leaving, all tenants must give vacant possession which means that, the tenant must:

• Leave the property in a clean condition and in a good state of repair and decoration.
• Clear all their belongings, furniture, items in the loft, gardens and outbuildings and all rubbish; and
• Leave with no people or pets still living in the property.

If a tenant does not leave the property clean and clear, they will be charged for the cost of cleaning and clearing out the property. If the tenant passed away and the Next of Kin or Executor do not return the property as outlined above the Council will recharge the deceased Estate for costs incurred.

6.4 Where the Council wishes to end the tenancy

The Council seeks to support tenants in maintaining their tenancies but will take action to end tenancies in circumstances where:

• The tenant has breached their tenancy conditions
• The tenancy has been obtained fraudulently
• The Council needs the property for a redevelopment or regeneration scheme
• The tenant will be referred at the earliest opportunity to the Housing Options Team for advice and assistance

6.5 Where the tenant lacks mental capacity

It is not lawful to terminate a tenancy where the tenant lacks mental capacity. In these circumstances the tenancy can be terminated by:

• An attorney under a registered lasting power of attorney (LPA - property and affairs) or enduring power of attorney (EPA - property and affairs).
• A deputy (property and affairs) appointed by the court; or
• Someone else authorised to sign by the court
• Where these are not in place the Council will apply to the Court of Protection to terminate the tenancy. The court will require the following documents to make this decision
• An application form setting out the order or declaration required to end the tenancy
• A Mental Capacity Assessment and Care Act Assessment which should deal specifically with the tenant's capacity to terminate the tenancy
• A witness statement setting out the circumstances and that a Best Interests Assessment has been conducted, including consultation with close family members or people in close contact with the person.

The application to end the tenancy should request the court to make a single order or declaration that it is in the best interests for the tenancy to be terminated.

When the court has issued the application, all relevant persons need to be notified personally and they have 21 days to object or respond to the application.

Once the 21-day time limit expires, the court will issue a single order that deals with the termination of the tenancy.

This process is extremely involved and takes considerable time. During the process, the tenant is responsible for the property including all rent, council tax and utilities until the court provides the order to terminate the tenancy. This often results in the accrual of considerable expense and potential debt. If the tenant was in receipt of housing benefit, payments will stop at the date that they vacated the property and won't cover the rent between this date and the date that the tenancy is ended by the Court of Protection. For this reason, the Council encourage families to consider this prospect and take timely action in putting in place LPA / EPAs.

Please note, that deputies acting under an old-style short order or receivership order made before the MCA came into force, may not have enough authority to sign the agreement, and it may be necessary to apply for 'reappointment' with the full powers of a deputy.

6.6 Death of a Tenant

The tenancy does not end when the tenant dies, and the only people who can end it are:

• An Executor - this is someone named in a will as the person who will deal with everything owned by the deceased. The Council will require a copy of the relevant sections of the Will, giving proof that the person giving notice is the executor of the estate.
• An Administrator - this is someone who has applied to the Probate Registry and obtained Letters of Administration (sometimes called the Grant of Probate). The Council will require copies of the court documents appointing the administrator.
• A Next of Kin who is not the executor or administrator cannot end the tenancy.

If there is no Executor or Administrator to serve notice on behalf of the deceased, then the Council will serve a 28-day Notice to Quit upon the personal representatives of the late tenant at the property and send a copy of the Notice to Quit to 'The Office of the Public Trustee'. Rent will continue to be charged in all situations until the tenancy can be legally ended.

If the deceased was in receipt of housing benefit, payments will stop at the date of death and therefore won't cover the rent between the date of death and the tenancy ending. The Executor, Administrator or family members are not responsible for rent payments. The rent and any other charges will be made against the deceased's estate once the tenancy is ended.

Once we have vacant possession of the property, an inspection will be carried out. If there are any rent arrears or other monies owing, for example, recharges, these will pass to the deceased's estate. If the tenant left a Will, the Council will make a claim to the tenant's Executor.

The Council can be flexible on the termination notice period when ending the tenancy of a deceased tenant, but the minimum requirement is one week.

6.7 Belongings left in a property after tenancy terminated

When a tenant ends their tenancy, or a tenant has been evicted, they are required to give the property back to the Council empty of all rubbish, furniture and other belongings. Where this fails the Council will:

• Dispose of any rubbish or damaged goods and recharge the tenant for the costs incurred
• Remove any animals and place them with the RSPCA, animal shelter or rehome
• Store any other items left in the property. The Council will serve a notice under the provisions of section 41 of the Local Government (Miscellaneous Provisions) Act 1982,telling the tenant when they must collect their possessions. The Council will give the tenant at least one month to do this and will send the notice to the tenant's last known address or any forwarding address they have given to the Council, or in the absence of such an address, may affix it to the property. If the items are not collected, the Council will dispose of them and are entitled to charge the tenant its reasonable costs of disposal and storage.

6.8 Rent and use and occupation accounts

The Council charges tenants a weekly rent and, where applicable service charge, for occupying a Council property. Rent levels are set by the Council following guidelines set by statute and the Regulator of Social Housing. Rents are often changed on or around 1st April each year.

There may be circumstances where an occupier occupies a property as a trespasser or a licensee(a personal licence to occupy a property). In both cases the occupiers are not tenants and have no or limited security of tenure, making it easier for the Council to evict.

In such circumstances, the occupier does not pay rent but is liable to pay the Council a sum for use and occupation of the property which is normally equivalent to the rent that the Council would charge under a tenancy. The payment of such sums does not give the occupier any greater right to occupy, nor does it create a tenancy or prevent the Council from taking action to evict the occupiers.

Use and occupation charge accounts are set up in a number of cases, including:

• If the tenant has died, a notice to quit to end the tenancy has expired and the occupier has no right to succeed to the tenancy, or the property has not been cleared by the personal representatives or executors of the deceased tenant
• The occupier occupies a property when the tenant has served a notice to quit or otherwise surrendered the property
• For squatters
• Where a joint tenant has ended the tenancy leaving the other joint tenant in occupation. An occupier who is not a tenant may be able to obtain Housing Benefit or the housing element of Universal Credit even if they do not have a right to legally occupy the property.