Ending a tenancy
To end most tenancies, you must give New Vision Homes 28 days' notice before you leave. If you move without telling us, you may be charged four weeks rent from the time that you moved. Please contact us as soon as possible if you intend to end your tenancy.
In certain circumstances, it may be possible to terminate a tenancy giving less than four weeks notice. This may apply in some cases where notice is being given to terminate the tenancy following the death of a relative.
For the rest, see our pages about moving in and out.
Ending a tenancy following a bereavement
We appreciate that this can be a very difficult time and hope that the following frequently asked questions provide you with all the information you need to end a tenancy with us.
If you cannot find the information that you need on this webpage, please call us on 0300 373 0373, option 3.
How do I end a tenancy that is no longer needed?
Please contact us and tell us your name, address and contact number as well as the name and address of the tenant who has died.
We will also need to know:
your relationship with the tenant
the date the tenant died
whether you are the person who is responsible for dealing with the estate following the death.
If you are a friend of the deceased, we will ask you for any details of relatives they had, as for legal reasons, a relative is needed to end the tenancy.
It would also be helpful to tell us when the property will be cleared of possessions and when the keys will be returned to us.
How much notice do you require?
Tenancies must end on a Monday and we usually ask for four weeks notice but we will attempt to be more flexible when a tenant has died. Under the tenancy agreement, full rent is payable until the keys are returned to us.
Any outstanding rent will be charged to the late tenant's Estate. If rent has been paid in advance we will refund this to the tenant's Estate.
If the tenant received Housing Benefit this will automatically be cancelled from the date of their death, and full rent will become payable until the property is cleared and the keys are returned to us.
What items do I need to clear from the property?
Please remove all personal items from the tenants property, including carpets, curtains, furniture and white goods (e.g. kitchen appliances) before the keys are returned.
The property should be left clean and tidy. If it is not possible to do this, we may charge the Estate for any work we carry out. If you think there might be a problem, please contact us to discuss your concerns.
What do I do with the keys?
Please label the keys with the property address and hand them to us at the Civic Offices reception. We will give you a receipt for them. Please do not post the keys to us or leave them in the property as this will delay the tenancy end date. If it is difficult for you to return the keys to us at the Civic Offices, please contact us to discuss alternative arrangements with you.
Who else may I need to notify of the tenants death?
You may also need to contact the following organisations:
DirectGov certificates for births, marriages and deaths on 0300 123 1837.
Council tax and benefits on 01483 743847.
Dentist, optician and local GP.
Building society, bank or credit companies.
Utilities companies (e.g. gas, electricity and telephone companies).
A succession may be allowed following the death of a tenant. If you are the partner or spouse to a sole tenant who has died, you will automatically take on (or succeed to) the tenancy of the property you are living in providing there has been no previous succession or assignment.
Only one tenancy succession is allowed in law. If there has not already been a succession, a family member who has lived with the tenant for the past 12 months can apply to succeed to the tenancy. `Family member' has a very wide definition in the Housing Act 1985 so it is worth enquiring about your entitlement.
If more than one person meets the requirements for succession and if the family cannot decide who succeeds, the Council will make the choice. If the request is agreed, Woking Borough Council will take into account the needs of the family. For example, if the property is too large - you are the only person living in a three bedroomed house - you will be asked to move to a smaller home between 6-12 months after the death of the tenant.
Woking Borough Council may consider an application for a second succession from the applicant and may in some cases consider granting a discretionary new tenancy in a property that suits their needs.
An Assignment is where a Sole Tenant can pass their tenancy onto their partner / spouse or a family member who has been living at the property for at least 12 months.
The conditions for allowing a tenancy assignment are very similar to those for a succession. You can ask to assign to anyone who would have been entitled to succeed when the tenant died. There can be one succession or assignment only to a particular tenancy.
You must apply to the Council for permission to assign your tenancy. We will check to see whether or not you are in breach of your tenancy (for instance whether you have rent arrears or where there is a court order that you have not kept to) and will ask you to put any of these things right first.
If the request is agreed to, you will both need to sign the relevant paperwork.
You can assign any property, regardless of the number of bedrooms.
You should consider the implications of assigning your tenancy. If in the future you reapplied to the Council as a homeless applicant, you may be considered intentionally homeless, and you may not be offered accommodation.
If the Sole tenant has already left the property we will discuss various options with you as you cannot automatically take on a tenancy that is in someone elses name. Options include applying to court for a decision about the tenancy, particularly if you are getting divorced, or contacting your spouse/partner and asking them to assign the tenancy to you. If you do not have contact details for the legal tenant we will consider how best to resolve the tenancy issue with you. The result will depend on individual circumstances.
This applies whether or not you have a joint tenancy of the property. We also take any breach of tenancy into consideration before agreeing to any tenancy change.