Terminations - Death of sole tenant

How is the tenancy terminated?

Notice can be given verbally or in writing from the nearest relative or person appointed to deal with the late tenants affairs. The tenancy will cease on the Sunday following receipt of keys. Important information to include when giving notice:

  • Name of the tenant
  • Address of the property
  • Date of death

What happens next?

On receipt of notice you will be sent an acknowledgement letter within 14 days, confirming a termination date. Attached to this letter is a 'termination form', which must be completed and returned to the housing department before you terminate your tenancy.

Our requirements of the property

The property must be left empty and in good condition, any items remaining will be disposed of by the Council. The cost of this will be charged to the estate.

The estate must pay for repair or replacement if damage to Council property has been caused deliberately or by neglect, including failure to report disrepair to the Council. The estate will not have to pay for normal wear and tear.

The estate is responsible for settling any outstanding charges in respect of the property including rent, council tax, gas, water and electricity. The estate should also ensure the supplies of electricity, gas and water are turned off and meters read as appropriate.

On expiry of the termination date the property must be empty of persons and belongings.
Handing

Handing in the keys

Keys can be handed in as follows:

  • To the housing department in person
  • By post recorded delivery only
  • By arrangement with a Housing Services Officer.

The keys should be returned to SCDCs offices no later than 12 noon on Monday following the termination date. Failure to do so will result in an extra week of rent being charged.

The rent for the property must be paid up to the termination date. However, if the keys are not received by this date, rent will continue to be charged.

Frequently Asked Questions

What happens if there are no nearest relatives or an appointed person to deal with the affairs of the deceased?

Contact our environmental health department.

When will the tenancy terminate?

Once the "Termination of Tenancy" form has been completed and the keys received in the Housing Dept.

Do I have to clear the property of personal possessions?

Yes. You can contact our Refuse special collections team 08450 450 063, who may be able to help you.

Can a relative take over the tenancy if they do not have the right to succeed?

No this is not possible, the property must be re-allocated following the Council's More information available on our Successions page.

The deceased tenant was claiming Housing Benefit - what happens now?

The Housing Benefit entitlement will end on the Sunday following death, after this time full rent is payable on the property.

There is no money in the estate, who will have to pay the bill?

Once the nearest relative or appointed person receives the final rent account, they must write back to the Rents Department stating that there are no funds available and provide proof of this.