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Quick guidance on starting and ending tenancies

Tenancies

Practitioners are also required to support adults with starting and ending a tenancy and may need to work with housing management to ensure that the adult receives the necessary support to do this.

Further information can be found in the starting and ending tenancies guidance (this guidance is currently being reviewed, please contact legal for advice on complex cases).

Tenancies ending   

Notifying landlords that a tenant is in hospital or residential care is important. It reduces risk (for example) that they will force entry out of concern the tenant hasn’t been seen. 

If a placement is expected to be permanent a decision about surrendering a tenancy is often far less complex than a decision to enter into a tenancy agreement. Enabling tenants to make this decision for themselves whenever possible is consistent with the principles in the Mental Capacity Act and has the following advantages:

  • The tenant’s liability for rent ends when their former home is returned to the landlord with vacant possession.
  • Their belongings are more likely to be safeguarded than they would be if left in an empty flat especially as household insurance may not be an option.
  • A home becomes available for someone else in housing need.
  • There is less risk of loss of the rental income which social landlords rely on to provide new homes and services to tenants.
  • Potentially protracted and expensive Court of Protection proceedings are avoided
  • Collaboration with housing staff can reduce risk and can be particularly helpful if they already have a relationship with the tenant. 
Last updated: 25 May 2023