Your tenancy

Apply to add someone to or remove from your tenancy

Your housing needs may change over time. If you need to update who is named on your council tenancy, there are a few options. This section explains how to:

• Add someone to your tenancy (create a joint tenancy)
• Remove someone from your tenancy (become a sole tenant)
• Understand your responsibilities as a joint tenant

Adding someone to your tenancy (sole to joint)

If you're a sole tenant and want to add someone (such as a partner or spouse) to create a joint tenancy, you will need to request this change. 

Before applying, please note:

• The person you want to add must usually have lived with you for at least 12 months
• Your rent account must be up to date
• We may carry out checks to make sure the change is appropriate  

Responsibilities as joint tenants

• You will both be equally responsible for paying the full rent and any associated charges
• Both tenants must follow all the conditions of the tenancy agreement
• You will remain joint tenants until one of you is removed from the tenancy, either by agreement or legal action

When this change may not be appropriate:

• If the person you want to add hasn’t lived with you for 12 months or more
• If your tenancy is in arrears or you're in breach of tenancy conditions
• If there's a safeguarding risk (e.g. concerns around coercion, domestic abuse, or exploitation)
• If the council believes the request may be made to secure succession rights inappropriately   

Important:
A tenancy can only be transferred once. If your request is approved, no further changes can be made to the names on the tenancy unless a court orders the change.
Also, the Council cannot get involved or assist in resolving any disagreements that may arise between joint tenants after the transfer has been made.

Removing someone from your tenancy (joint to sole)

If you're a joint tenant and want to remove the other person's name from the tenancy (for example, after a relationship breakdown), you can apply to convert the tenancy into a sole tenancy.

What we consider before approving a change:

• Whether both tenants agree to the change
• If there are any rent arrears on the tenancy
• The housing needs of both parties

Some changes may require a legal agreement or court order, especially if there’s a dispute.

When this change may not be appropriate:

• If the tenant to be removed has a legal right to remain (e.g. through a court order or tenancy agreement)
• If there is a dispute and no legal resolution has been reached
• If the change would leave the remaining tenant unable to meet the tenancy obligations (e.g. rent payments)

How to apply for a tenancy change

1. Download the Transfer Tenancy Request 
2. Complete all sections
3. Return the form with any supporting documents

You can return the form by:

• Email: housingservices@rugby.gov.uk
• Post: Housing Services, Rugby Borough Council, Town Hall, Rugby CV21 2RR

Need help?

Tenancy changes can be complex. If you have any questions or need support with your application, please contact us on housingservices@rugby.gov.uk or call our Customer Service Team on 01788 533533 

Family members may be eligible to take over the tenancy of a council home when the tenant dies.

The following have the right to succeed a council tenancy:

• a husband, wife or partner who was living with the tenant at the time of death
• another family member or relative who has lived with the tenant for at least the previous year

Due to the pressures of demand on the council's housing stock, if a single person succeeds the tenancy of a family home, the council may decide the property qualifies as under-occupied.

In such circumstance, the council grants succession to the property on a temporary basis until more suitable accommodation can be found.

All tenants MUST GIVE FOUR WEEKS' NOTICE.

A tenancy can only be terminated by:

• the tenant
• the executor of a will or solicitor
• an individual with power of attorney for a tenant who no longer has the capacity to terminate a tenancy due to going into a home
• a court following a Notice to Quit being issued by a Tenancy Support Officer

You can pick up a termination of tenancy form from the Town Hall or download it.

Download the Termination of Tenancy Form

When you give notice, you receive a tenancy termination date when you must return your keys.

Before leaving your council property, you have a number of responsibilities in terms of the cleanliness and repair of the property.

Full details can be found in your Tenant Handbook.

Download the Tenant Handbook

What happens following the death of a council tenant who lived alone?

Following the death of a council tenant who lived alone, the tenancy does not end when the tenant dies. A tenancy can only be ended by:

• an executor - the person, named in the will, who deals with the possessions of the person who died
• an administrator - the person who has applied to the Probate Registry and obtained letters of administration (or the grant of probate)
• Rugby Borough Council

A next of kin, who is not the executor or administrator, cannot end the tenancy.

In the absence of an executor or administrator, by law Rugby Borough Council must serve a Notice to Quit on the public trustee (a public office to which the tenancies of tenants who die without a will, or with a will but no executor, are temporarily transferred).

The tenancy ends four weeks after the council serves the Notice to Quit and rent is charged during this period. Any charges will be made against the former tenant's estate once the tenancy has ended.

Four weeks after the account was closed, a closing statement of the rent account will be sent to the executor, adminstrator or next of kin.

If the tenant was in receipt of Housing Benefit, the payment of benefit stops on the date of death and therefore does not cover any charges after this date.

Access to the property and clearance

If the executor, administrator or any other individual already has keys to the property, Rugby Borough Council will not provide access to the property. However, we can only give keys to the person named as executor or administrator.

Once a disclaimer form has been signed and the keys returned, Rugby Borough Council disposes of any goods not required. We reserve the right to charge disposal costs back to the estate.

For more information about ending a council tenancy, contact us using the details below.