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Making changes to your tenancy

Your tenancy agreement gives you the right to request certain changes to your tenancy. Below is a list of ways you can change or update your tenancy, and what you should do in circumstances such as a relationship breakdown or death of a tenant.

You must ask us in writing for permission if you want to do any of the following:

  • take in a lodger
  • add someone to your tenancy as a joint tenant
  • sub-let all or part of your house
  • pass on your tenancy to someone else
  • carry out an exchange with someone else
  • move out for other reasons

You should write to us giving details of the change you wish to make, any payments involved, and when you would like the change to happen.

Tenancies can be ended in the following ways:

  1. The tenant and any joint tenant give 28 days’ notice in writing.
  2. By written agreement between the tenant, any joint tenant and the Association.
  3. By an order granted by the courts. We may seek a court order if you have broken some conditions of the tenancy agreement. We will seek to evict you only as a last option after trying to contact you to resolve any problems. We will send you a notice if we are considering taking court action.
  4. By abandoning your home. If we believe that you have abandoned your tenancy, we will make some checks then serve notices on you and follow the legal steps to recover the property.
  5. By your death, unless the tenancy passes to someone else.
  6. By converting the tenancy to a short SST if an anti-social behaviour order has been served.

If you give notice that you are leaving, your Housing Officer will visit you to inspect the property and advise what you should do before you leave.

This includes:

  1. providing a forwarding address
  2. leaving the house clean and tidy with decoration in acceptable condition
  3. removing all your belongings, including floor coverings
  4. making arrangements for furniture etc to be removed in one load
  5. paying all rent due
  6. handing in all keys, including keys for common areas
  7. doing all necessary repairs agreed with Housing Management staff
  8. removing any alterations installed without our permission
  9. applying for any compensation you may be entitled to

The Matrimonial Homes (Family Protection) (Scotland) Act 1981 gives various rights to a tenant’s spouse when a relationship is breaking down.

The law is complicated and we recommend that you take advice by contacting us and one or more of the following agencies: Citizens Advice Bureau, Shelter, Women’s Aid, or a Solicitor.

If you die, other members of the household may have a right to take over the tenancy.

These include:

  • Your husband/wife or partner
  • A joint tenant
  • A member of your family aged 16 or over
  • A carer (in certain circumstances)

In all cases the person who takes over must have been living there as their main home when you die.

For some types of property, that have been specially adapted, this right to take over the tenancy does not apply. We can however offer alternative accommodation to a person who qualifies.

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