A. By you – Notice to quit
14.1 If you want to end your tenancy, you must give us formal notice (see paragraph 2.9). We can give you the form to use or you can go to www.norwich.gov.uk/EndTenancy. It does not end the tenancy immediately. The tenancy will only end after four clear weeks (in other words, at the end of the four week period starting on the Monday after we receive your notice).
14.2 Remember that in the case of joint tenancies, notices to us are effective if given by one joint tenant only (see paragraph 2.10).
14.3 Once you have given us notice, you cannot change your mind. When the notice takes effect, everybody who lives at your home must leave. Nobody has an automatic right to be rehoused by us.
14.4 You should think carefully before ending the tenancy in this way, particularly if you are a joint tenant or there are other members of your household. If your intention to end the tenancy relates to a relationship breakdown, you should take advice about
it. If you do not already have a solicitor advising you on the relationship breakdown, we recommend you see one.
14.5 If one joint tenant ends the tenancy in this way and the other tenant remains in occupation, we will only offer a new sole tenancy if the kind of property is suitable for the remaining occupant’s household (in accordance with our allocation policy and/or tenancy policy) and there are no tenancy management problems.
B. By us – Notice to quit
14.6 The general rule is that if we want to end your tenancy, we must get a court order. But in the following situations we can end it by giving you four weeks’ notice to quit.
14.7 Non-occupation or sub-letting – We can end your tenancy by giving you four weeks’ notice to quit if you:
- stop occupying your home as your only or principal home (or, in the case of a joint tenancy, if you both do)
- sub-let or part with legal possession of your home (except in the limited way allowed and explained in paragraph 4.5).
14.8 Death – This paragraph applies if you die during your tenancy, you are the only tenant, and no family members are allowed to have the tenancy passed on to them (as explained in paragraphs 13.3 and 13.4). We can end the tenancy by giving four weeks’ notice to quit. Paragraph 2.11 explains the formalities of how we can do so.
C. By us – court order
14.9 Except where paragraphs 14.6 to 14.8 apply, we can only end your tenancy by getting a court order and then enforcing our right to possession.
14.10 Before we apply to the court for such an order, we must give you a preliminary notice. This is sometimes called a notice of seeking possession or a notice of proceedings for possession. The notice will explain why we want to end your tenancy and what rights you have.
14.11 We may then apply to the court.
- If you are an introductory or demoted tenant, you are at much higher risk of eviction. The court must make an order if the judge is satisfied that we have followed the
- right procedure. In other words, the judge has no discretion to consider the overall merits of the case.
- If you are a secure tenant, you have more rights when the case comes to court. The judge must be satisfied that we have followed the right procedure and proved one of the grounds for acting set out in legislation. In most cases the judge must also consider the overall merits and be satisfied that it is reasonable to make an order. And in some cases, the judge may suspend eviction. This will normally be on condition, for example, that you make specified payments or keep to this agreement in the future.
14.12 Paragraphs 12.4 and 12.5 explain how a demotion order can end a secure tenancy. But in that case, it is replaced with a demoted tenancy and this agreement still applies.
D. By agreement – surrender
14.13 If everybody agrees, your tenancy can end immediately. In the case of a joint tenancy, both tenants must agree, as well as us.
14.14 If so, we can give you the correct form for signature by you (or in the case of joint tenants, both of you).
14.15 In some cases, an agreement to end the tenancy in this way can be implied. This often arises where you have abandoned your home (because you have, for example, moved out, stopped paying the rent or returned the keys to us).
E. Access when your tenancy is due to end
14.16 Once a date has been set for your tenancy to end (following service of a notice to quit or a court order), we need to make sure we can re-let your home as soon as possible. You must allow us access to your home at that stage, both to check what works are needed before we re-let it, and to show it to prospective new tenants.
