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Tenancy changes

Ending your tenancy

P1000935

If you want to end your tenancy you must give us at least 28 days notice in writing. Alternatively, you can complete and return a Tenancy Termination Form to our office. You can obtain a form by contacting the office or one of our colleagues.

Before you leave you must settle any outstanding rent or other debt. You must also allow us to carry out an inspection of your property.

All your belongings and rubbish must be removed from the house, garden and loft before the tenancy ends. If you fail to do this we will carry out the work and bill you for the cost.

Find more information in section 6 of your Tenancy Agreement.

Becoming a joint tenant

You have the right to ask for your tenancy to be put into joint names. You should write to us telling us who you want to be a joint tenant with and when you want the tenancy to begin. The proposed tenant must also write to us to confirm they want to become a joint tenant.

We will not grant a joint tenancy if:

  • We have served notice on you warning that we may seek to evict you because of your conduct.
  • We have obtained an order for your eviction.

Joint tenants have an equal and shared responsibility for paying the rent and meeting all the other conditions of their tenancy.

Tenants with a preserved Right to Buy who apply for a joint tenancy cannot transfer that right to the other joint tenant.

Find out more in Section 4 of your tenancy agreement.

 Lodgers and sub-letting

You must get written permission if you want to take in a lodger or sub-let your house. We will need details of who is currently living in your home, who you propose is going to live there, how much rent you will charge and a copy of the agreement you will use between you and your lodger or sub-tenant. We will consider your request and reply within 28 days, telling you if we have approved it or not.

We will refuse permission if:

  • We have served notice of our intention to raise proceedings against you
  • We have obtained a court order for your eviction
  • The change in tenancy would result in the house becoming overcrowded.

If we refuse permission we will let you know in writing. If you feel you have been treated unfairly, you have a right to appeal the decision through our complaints procedure.

Lodgers and sub-tenants do not have Scottish Secure Tenancies and we would not be obliged to re-house them, under any circumstances.

Right to Buy

The Right to Buy your Fife Housing Association home will end on 1 August 2016.

Some tenants had a Preserved Right to Buy their current home when the new Scottish Secure Tenancy was introduced on 30 September 2002. This entitles you to the same discount as you would previously have been entitled to (see section 10 of your Tenancy Agreement.)

If you did not have the Right to Buy your home before 30 September 2002, you still do not have the Right to Buy. You also lose your Right to Buy if you move to another property.

The Preserved Right to Buy is not included when a tenant assigns their tenancy to someone else.

Assignation

Assignation is the right to pass your tenancy on to another person. To do this you need our permission. You should write to us telling us who you want to assign the tenancy to and when you want this to take place. See Section 4 of your Tenancy Agreement. This may be granted if:

  • You leave the house after the assignation
  • The person you want to assign the tenancy to has lived in the house for six months.

Tenants who have a Preserved Right to Buy lose this right when they assign their tenancy.

Passing on your tenancy or succession

As a Scottish Secure Tenant, your tenancy can be passed on to another person when you die. Your succession rights can be passed on in the following order:

  • To your husband or wife
  • To a joint tenant
  • To a partner of the same sex or co-habitee who lived with you as if you were married, as long as your home has also been his or her home for at least six months.

If the original tenant had the Right to Buy their home, all of the people mentioned above can also inherit that right.

The following people can also inherit, but without a Right to Buy:

  • Another adult member of your family, provided it has been their principal home
  • A carer as long as:
  • They are aged 16 or over at the date of death
  • The house was their principal home at the date of death
  • They gave up another principal home before the death of the tenant
  • They provide, or have provided, care for the tenant or a member of the tenant’s family.

If your home has been substantially adapted to meet the special needs of a resident, and there is a spouse, partner, tenant or co-habitee due to inherit the property, we have the right to end the tenancy of family members or carers, provided we offer them another suitable home.