Tenants Handbook - Moving house

CHAPTER 12 - MOVING HOUSE

GIVING NOTICE

You need to give Landlord Services four weeks' written notice to end your tenancy. However, if you are transferring to a property owned by Winchester City Council or a partner housing association, you may give two weeks' written notice.

You can give notice on any week day (Monday to Friday). However, the notice period will only start from the date we receive your notice.

We have a printed termination form that we prefer you to use. However, you may write a letter to us instead. Termination forms are available from the Customer Service Centre, support staff for older people's housing and the housing management team.

We will write to you confirming we have received your notice. We will advise you of the date your tenancy will end and when and where you should return the keys.

You must pay your rent and other charges during your notice period and your rent account must be clear when the tenancy ends.

During the notice period we may need to visit and inspect the property. This may include taking a video or photographs of the condition.

You must ensure that we are given vacant possession of the property on the termination date.

Joint tenants

Where the tenancy is a joint tenancy, one tenant can terminate the tenancy on behalf of both tenants.

Giving notice when a tenant has died

In the event of the tenant's death, the next of kin must give us four weeks' written notice and include the death certificate.

Power of attorney

Where a power of attorney exists, written notice may be given on behalf of the tenant if you send a copy of the relevant documentation.

Checklist

Please refer to the checklist on page 82 when giving notice to end your tenancy.

CONDITION OF THE PROPERTY

When you move out, you should leave the property and its fixtures and fittings in the same state as they were at the start of the tenancy, fair wear and tear excepted, as stated in your tenancy conditions.

The property should be left clean and tidy and in reasonable decorative order. The garden should also be tidy and clear of rubbish. You may be charged for clearing furniture, carpets, rubbish and other items left in the property, shed, garage or garden.

You may also be charged for repairs and for removing any alterations and adaptations unless we gave you permission for them to remain. You are also advised that any damage caused to tiles when floor coverings are lifted is your responsibility and you will be recharged for the cost of replacing any tiles.

If you are on the transfer list, you will normally have to carry out any necessary repairs before we offer you alternative accommodation.

TRANSFERS

You are able to move to another council or housing association property through the transfer register or by mutual exchange. Council and housing association tenants who apply to the transfer register will have their details included in the mutual exchange register, unless they choose not to.

The transfer register

The transfer register is open to all council and housing association tenants in the UK. We assess and prioritise your application, according to your housing need, as set out in the Council's scheme of allocation. Information about the scheme and the allocation system is available from the Customer Service Centre and on-line at www.winchester.gov.uk.

To apply for a transfer, you will need to complete an application form, which is available from the Customer Service Centre and on-line at www.winchester.gov.uk. We aim to process applications within ten working days. We will decide if you can join the register and write to you explaining what priority your application has been awarded. You will officially join the transfer register on the date we received your application.

There is a very high demand for our properties so you may have to wait a long time for a transfer, especially if you are moving out of choice rather than necessity, or if you are requesting to move to a popular area. Therefore, you may wish to consider seeking a mutual exchange with either a council or housing association tenant.

Alternatively, you may apply directly to the waiting list of another local authority. Many Councils have registers that are open to applicants from outside of their area.

Cash incentive to move

If you would like to down-size to a flat or maisonette we may be able to offer financial and practical help. A council tenant who is willing to give up their family home and move into a one or two bedroom flat or maisonette, may qualify for a one off cash payment under the tenants incentive scheme.

If you wish to take advantage of the scheme, please contact the Customer Service Centre.

MUTUAL EXCHANGES

A mutual exchange is where two (or more) tenants decide to swap homes. Most council and housing association tenants have a right to exchange. Introductory tenants do not have the right to exchange.

A mutual exchange may be the quickest way to move, particularly if you have a low priority on the transfer register. You are also able to move to a property with one room more than their actual housing need.

HomeSwapper

The Council is signed up to HomeSwapper, a national register of social housing tenants looking to swap homes. Leaflets are available from the Customer Service Centre and the service can be accessed on-line at www.HomeSwapper.co.uk.

If you would like move by mutual exchange, you will need to register your details on the HomeSwapper website. If you need any help with this process, please contact the Customer Service Centre.

HomeSwapper automatically checks for any possible swaps for you. When you have found a suitable exchange property, you should contact the other party and arrange to view the property.

Applying for a mutual exchange

If you want to apply for an exchange, all parties will need to complete an application form, which is available from the Customer Service Centre. Once all applications have been received, we have six weeks to approve or decline your request. During this time, we will inspect your property, which will include taking a video or photographs to record the condition. You will be sent a copy of the condition report for your records. In all cases, the incoming tenant must accept the condition of the property before the exchange is approved. Depending on the condition of the property, the exchange may be refused or made subject to certain conditions.

Formula rent

We will write to you once we have received your application, informing you of the rent and charges for the property if you are exchanging to another one of our properties. It is the Council's policy to charge the formula rent if you move into one of our properties by mutual exchange. The formula rent could be more or less than the current tenant is being charged. See page 38 for further details.

Conditional approval for mutual exchange

We may approve an exchange on condition that a breach of tenancy conditions is corrected. For example, if you have rent arrears, these will have to be cleared before the exchange can go ahead.

Mutual exchange approved

We will write to you to let you know your exchange has been approved and will make an appointment for you and all other tenants involved to come to the Council offices to sign the relevant paperwork. If you have a joint tenancy, both tenants must attend and you should also bring formal identification, such as a driving licence or passport. Once the meeting has taken place and all the relevant documentation signed, you will be able to move.

You must not go ahead with the swap until all landlords involved have given written permission and the relevant papers have been signed. Otherwise, you will be putting your tenancy at risk.

Mutual exchange refused

There are, by law, ten grounds on which we can refuse a mutual exchange. If your application is refused, we will write to you notifying you on what grounds your request has been refused. Full details of the grounds for refusal are contained in Schedule 3 of the Housing Act 1985 (grounds for withholding consent to assignment by way of exchange).

Other exchange schemes

There are other national exchange schemes operating, but these sometimes charge a registration fee. These can be found by searching on the internet.

YOUR RIGHT TO COMPENSATION FOR IMPROVEMENTS

As a secure tenant, you may be entitled to compensation for improvements you have made to your home when your tenancy ends.

You will not get compensation if you are buying your home through the right to buy scheme, because improvements are not included in the purchase price.

You may apply for compensation even if you did not get permission for the improvements in advance. However, you will not receive compensation if we refuse permission. See pages 17 to 18 for advice regarding seeking permission.

The right to compensation applies to improvements which were started on or after 1 April 1994 and applies to the following improvements:

• Bath or shower, wash-hand basin and toilet
• Kitchen sink and work surfaces for preparing food
• Storage cupboards in bathroom or in kitchen
• Central heating, hot water boilers and other types of heating
• Thermostatic radiator valves
• Pipe, water tank or cylinder insulation
• Loft and cavity wall insulation
• Draught-proofing of windows or external doors
• Double-glazing or other window replacement or secondary glazing
• Re-wiring or the provision of power and lighting or other electrical fittings (including smoke detectors)
• Security measures (excluding burglar alarms)

You can claim compensation for the cost of materials (but not appliances, such as cookers or fridges) and also labour costs (but not your own labour). Interior decoration (painting and wallpapering) does not qualify for compensation.

How to make a claim

You should make a claim for compensation when you give notice that you are ending your tenancy. You have up to 14 days after your tenancy ends to make a claim in writing with the following information:

• Your name and address
• What improvements you have made
• How much each improvement cost
• The date the improvements began and finished

How the compensation is calculated

You can get up to £3,000 for any one improvement, but there is no compensation for improvements worth less than £50. If you received financial assistance (a grant) to help make your improvements, we will take off the amount your grant was worth from the cost of your improvements.

We calculate your compensation based on the age, condition and quality of the improvement. You will need to give us an invoice to show how much your improvements cost. If you do not have an invoice, tell us straight away and give us an estimate of the total cost.

We will also take into account any money you may owe the Council and deduct that from the compensation. We will prosecute tenants who make a false or inflated claim.

Further information is available from the Customer Service Centre.

ON THE MOVE CHECKLIST

Give your new address to: