Ending a tenancy

All you need to know about how to end a tenancy.

Ending a tenancy

There are legal processes that define how a tenancy can be brought to an end. This guidance explains what they are. It is prescriptive but only when it needs to because of what the law says.

Sometimes it is clear that prompt action is needed to bring a tenancy to an end (if a property has been abandoned for example). On other occasions it is a matter of judgement - taking into account that formal enforcement action often isn’t the best way to resolve an issue.

This guidance doesn’t cover making those judgements even though they are often not easy. It sets out the steps that are necessary once a decision has been made to take steps to end a tenancy. If in doubt about whether to take possession action talk it over within your team or with your manager.

Read the full guidance here.

Assuming they can, tenants should be asked to surrender their tenancy in writing giving at least 4 weeks notice. There is a standard Notice they can use if they wish here.

Surrendering a secure tenancy is a big deal and a written surrender helps to avoid any doubt. If you are concerned that surrender is in not in the tenant's best interests you may want to talk to them, and/or to anyone else who is supporting them, about their decision.

The four weeks notice doesn't apply to transfers and can be waived in other cases when there is a good reason.

If a tenant can't do a written surrender (eg because of a disability) the Council can accept a surrender, if we choose, that is not done in the legally prescribed way. If you are accepting a verbal or unsigned surrender consider arranging for this to be witnessed by another person and record the reasons.

If the tenant can't surrender their tenancy because they lack the mental capacity to make this decision - see the separate guidance note about this.

Where someone has give notice to end their tenancy remember to add an expected end date to Northgate on their tenancy.

Last updated: 24 April 2023