Your tenancy doesn’t automatically end when you move out - your tenancy agreement is a legal document and can only be ended if you give us a valid notice of termination, or through a court order.
You must give us at least four weeks’ notice, in writing, and return your keys to the Customer Service Centre to end your tenancy. If you don’t do this, you’ll still be responsible for the rent after you leave and until the tenancy ends.
You can give notice by completing a termination form. Termination forms are available from (and can be returned to) the Customer Service Centre. Alternatively, you can send us an email or write to us. Your letter should include:
- your name and address
- the date your notice period ends
- your forwarding address and contact telephone number in case we need to contact you after you have moved out
Your notice period cannot begin until we receive a valid notice.
The minimum four-week notice period must start on a Monday and end on a Monday. Unless we receive your letter or termination form on a Monday, your notice period will not start until the following Monday. Please be aware that we are not available to take notices at the weekend.
You must give the correct date for when your notice period ends and it won’t be valid if the date is incorrect. You will need to give a valid notice before the notice period can begin. Please check with us before entering the date on the termination form or in your letter to give notice.
If you are transferring to another Chesterfield Borough Council tenancy or a housing association through Home Options, we will accept a shorter notice period. We will also accept a shorter notice period following the death of a tenant or where a tenant has moved into nursing care.
You will need to return your keys to us before your tenancy ends. We will arrange this with you when you sign for your new tenancy. If there are special circumstances that stop you giving us the required notice, please contact us.
During your notice period you remain responsible for the rent in accordance with the terms of your tenancy agreement.
If you leave without giving notice this is called abandonment.
Abandoning your tenancy does not end it. If you move out without giving us a valid notice of termination, your tenancy will not end until we are able to obtain a court order. You will continue to be responsible for rent payments until your tenancy is ended correctly. This could make it harder to find a new home as most social and private landlords ask to see references from previous landlords.
Joint tenants have equal rights and are jointly responsible for all of the conditions of the tenancy agreement.
For example, joint tenants are each responsible for ensuring that all of the rent is paid and for any rent arrears that may occur. If one joint tenant gives notice to end the tenancy, this will end the tenancy for all of the joint tenants, even if the other joint tenants do not know about the notice.
If your relationship breaks down, it is important that you seek independent legal advice as soon as possible. We cannot exclude one joint tenant from the tenancy, or change the locks to stop a joint tenant from getting in.
In some circumstances we may grant a new sole tenancy when a joint tenant has given notice to terminate the tenancy. Before doing so we consider if the property would be under-occupied and, in the case of a house, if there are children under 16 years of age in the household. We also consider if there have been any breaches of the tenancy agreement such as rent arrears or anti-social behaviour.
If it is not possible to grant the remaining tenant a new tenancy for the property they occupy, we will help them to find suitable alternative accommodation.
A joint tenancy can be ended by a court order. This means that if your relationship with your partner has broken down, the court can end the existing tenancy and order a new tenancy to be granted. If this happens, we will follow the court’s instructions. If a joint tenant has died, please see our information about the bereavement of a council tenant who shared their home.
You are responsible for rent payments up to the end of your tenancy. If there is a delay in returning your keys, you are responsible for rent until your keys are returned.
If there are exceptional circumstances that mean you are not able to clear your rent in full before your tenancy ends, it is important that you contact the Customer Service Centre on 01246 345345 to make arrangements to clear the debt. It may be possible to pay the debt in instalments.
If you are entitled to Housing Benefit you will need to stop any benefit being paid on your old address and claim at your new address. Housing Benefits can be contacted by:
- email benefits@chesterfield.gov.uk
- phone 01246 345484 or 01246 345507
Please leave the property in a clean and tidy condition. This includes:
- cleaning the kitchen and bathroom units, sinks, baths, basins and toilets
- removing all furniture, carpets, curtains and rubbish
- clearing the loft of all items
- ensuring that both the front and back gardens are tidy and free of rubbish
- clearing the shed, outbuildings and storage cupboards of all items; the decorations must also be in a good condition when you leave
Before handing over the keys to the Customer Service Centre, please turn off the water at the stop tap, take the meter readings for gas, electricity and water and notify the utility companies of the date that your tenancy ends. They will ask for a contact address for any future correspondence.
Chesterfield Borough Council does not accept any responsibility for your possessions or items that you leave behind when you move out of your property. We will inspect the property after you leave. If the property is not left in a clean and tidy condition, we may have to charge you for any necessary works.
If you have made any alterations to the property or garden without our permission, depending upon the quality of the workmanship, you may need to remove the alteration and put the property and garden back into a reasonable condition before your tenancy ends. If you do not do so, we may charge you for the costs that we incur in doing this work.
Before booking a bulky waste collection for any good but unwanted items, please consider other recycling options. Many local charities will be happy to take unwanted furniture, electricals, bric-a-brac and clothes, as well as toys, CDs, DVDs and sporting items that are in good condition. You can take items to a local charity shop or you may find that they will visit you to collect them.
You can pass on usable items for free to other people online using sites such as Freecycle and Freegle. There are other online gifting sites available, as well as groups on Facebook where you can advertise your unwanted items free to a good home.
All keys to the property, including communal door entry keys and fobs, should be returned to the Customer Service Centre on the Monday when the tenancy terminates. Please check the latest opening times on our website.
Please do not post the keys or leave them in the property as this will delay the time when we can end the tenancy. If there is a delay in returning keys, please let us know and we can discuss a new date for the keys to be handed in. You will be responsible for payment of rent until the keys are received at the Customer Service Centre.
You may, of course return keys to us before the notice period ends, but you will still be charged rent up to the end of your tenancy. Please leave keys for windows and sheds at the property.
Please contact us if you are unsure about anything or need further help. You can also seek independent legal advice from a solicitor or from:
Citizens Advice
6 to 8 Broad Pavement, Chesterfield, S40 1RP, call 01246 209164 or 0808 2787843 (advice line).
Derbyshire Law Centre
1 Rose Hill East, Chesterfield, S40 1NU, call 01246 550674 or Freephone 0800 707 6990.