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Council Tenants - Ending your Tenancy

We want to make sure that you can move out of your home with as little fuss and expense as possible. Your responsibilities at the end of your tenancy are set out in your tenancy agreement.


Giving us notice that you want to end your tenancy

  • If you have not already done so, you must give us at least 28 days’ notice in writing. You can download a copy of the ‘termination of tenancy’ form here.  (PDF format, 4 pages, 40.4 KB)
  • If you are transferring your tenancy, you must give at least seven days’ notice in writing. You can download a copy of the ‘termination of tenancy’ form here.  (PDF format, 4 pages, 40.4 KB)

If you do not give us the full amount of notice, or you hand in your keys early, we may charge you rent for the full notice period.

Your tenancy will end on a Sunday, around 28 days after we receive your written notice (at least seven days if you are transferring). We will write to you and tell you the exact date.

You must tell every person who lives in your home that you are ending your tenancy. Every person over the age of 16, including your husband, wife or partner, must sign the tenancy termination form to confirm that you have told them that you are ending your tenancy. You must also tell any lodger or subtenant. If you are a joint tenant, you will also need to give the other tenants four weeks’ notice in writing.
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What happens next?

We will arrange to inspect your home to make sure it is suitable to be let out again to other tenants. You should let us into your home before you move out. This inspection will let us:

  • agree the condition that you must leave your house in;
  • identify any repairs that we are responsible for and any which you are responsible for;
  • discuss any concerns that you may have; and
  • identify if you made improvements or alterations that we approved. (In this case you might be entitled to compensation. Please ask if you are entitled for compensation for improvements. If you are, you must apply within 21 days of ending your tenancy.)

If you are transferring from one of our properties to another, we will already have made a basic inspection of your home when you applied for the transfer. You must let us inspect your home. If you do not, we may remove your application from our transfer list.
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Your rent

You must pay your  rent up to the end of your tenancy. If you do not, this may affect any future application you make for housing. If you receive  Housing Benefit, it will stop on the day that your tenancy ends. Your  Area Housing Officer will confirm this to you in writing.
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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. We will give relatives a week’s rent-free period, beginning on the Sunday after the death, to empty the home. You must give us all the keys to the home by the end of this period, unless you and we have agreed for you to return the keys at a later date. We will charge rent for a further period if we do not receive the keys on time. For more information, please see our leaflet ‘What should I do if a council tenant dies?’
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What condition must the property be in?

Your tenancy agreement explains the condition you must keep your home in. Your responsibilities include the following.

You must do any repairs you are responsible for. These repairs must be up to our standard, or we will do the repair and charge you for it. Examples of repairs you are responsible for include:

  • replacing broken or cracked glass in windows;
  • repairing holes in plasterwork;
  • unblocking toilets and drains blocked as a result of misuse; and
  • carrying out any other repairs needed as a result of neglect or misuse.

You also have the following responsibilities.

  • You must make sure you leave your house clean and tidy, and decorated to a responsible standard.
  • You must remove all of your belongings including furniture, carpets and laminate flooring, personal belongings, and any items you do not want, including rubbish. You must make sure you clear any loft, outbuilding or garden. You must not leave any items or rubbish in the garden or shared areas. We will not accept responsibility for any items left behind, and will get rid of them and charge you for this.  The Green Home may be able to help you dispose of items you do not want.
  • You must make sure your garden is tidy and in good order. Grass should not be overgrown. If we need to tidy the garden before we can let the property out again, we will charge you for the cost of this work.
  • You must remove any fixtures and fittings you have installed (unless you had our written permission to install them) and put right any damage caused by you doing this.

Photos of properties that met our standard, and those which did not, here.

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What happens if my home does not meet your standard for being let out?

We will give you the chance to carry out the work needed for your home to meet our standard. If you do not, or if the work you do does not meet our standard, we will carry out the necessary work and charge you for the cost involved. Under your tenancy agreement you will be responsible for paying this. Any debt you leave may affect any application you make for housing in the future.
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Telling your gas, electricity, phone and water companies that you are leaving

  • You should tell your gas and electricity suppliers, and your water company, that you are leaving and arrange for them to read your meter and send you their final bills.
  • You should make sure your phone is disconnected so that you know your contract has ended and you cannot be charged for any more calls.

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Forwarding your post

You should make sure everyone who needs to know has your new address. You can arrange for the post office to redirect your mail for you after you leave. Charges for this depend on how long you use this service. We will not be responsible for any post arriving at your home after you move out.

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Handing in your keys

You must return your keys to us by 12 noon on the Monday after your tenancy ends. If you do not, we will continue to charge you rent. We may also charge you for the cost of us replacing any locks.

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Once your tenancy has ended

When you have returned your keys to us, we will arrange for a full inspection of the property to identify any repairs needed before we can let it to a new tenant. This will happen within two days of us receiving your keys. If we find any repairs that you are responsible for, or have to remove any of your belongings from the property, we will charge you for this work. We will write and tell you about anything you will be charged for. Examples of things that we may charge you for include:

  • emptying a property – this includes removing carpet, vinyl underlay and laminate flooring and so on; and
  • emptying a garden – clearing the garden of any rubbish.

Any debt you leave may affect any application you make for housing in the future.
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What other ways can my tenancy end?

Buying your home

If you buy your house from us, your tenancy will terminate on the date of transfer of ownership of the house to your. We will tell you what the exact date is. You will be liable for full payment of rent and any other housing related cost up to this date.

Abandoning your home

We can terminate your tenancy if we have reasonable grounds for believing that you have abandoned your house. In this situation we can forcibly enter your house to make it secure and serve on you an Abandoned Property Notice which tells you that we believe that you have abandoned your house. This Notice requires you to contact us on or before the specified date. If we do not hear from you by then or we have reasonable grounds for believing that you have abandoned your house, we can terminate your tenancy by serving a second Notice on you.

After this, if you have left any of your property or possessions in the house, we will tell you about what is left and the procedure for reclaiming it. We will store belongings for at least 28 days. Where belongings have a value of the equivalent to the costs of 6 months storage, they will be stored for 6 months. You will be recharged for storage costs. If you do not contact us to reclaim your property, we will dispose of them.

Eviction

We can take action through the Sheriff Court to obtain an order for your eviction from your house under Section 14 of the Housing (Scotland) Act 2001 on any of the grounds contained within Schedule 2 of that Act. Full details of these grounds are contained in paragraph 6.3 of your Scottish Secure Tenancy Agreement.

In considering any action raised, the Sheriff must be satisfied that it is reasonable to make an order for eviction without alternative accommodation being provided, or grant an order for eviction on the understanding that we offer you a suitable alternative house as defined under the Housing (Scotland) Act 2001.
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Contacts
Elgin Area Housing Office
Community Services Department
Council Office, High Street
Elgin
IV30 1BX
Tel:01343 563429/33
Fax:01343 563436
Email:

housing.reception@moray.gov.uk


Forres Area Housing Office
Community Services Department
Moray Council, Auchernack, High Street
Forres
IV36 1DX
Tel:01309 694000
Fax:01309 694001
Email:

forresaccess@moray.gov.uk


Buckie Area Housing Office
Community Services Department
Moray Council, 13 Cluny Square
Buckie
AB56 1AJ
Tel:01542 837200
Fax:01542 835783
Email: 
Keith Area Housing Office
Community Services Department
Moray Council, The Institute, Mid Street
Keith
AB55 5BJ
Tel:01542 885500
Fax:01542 882015
Email: