Changing or ending your tenancy, or moving home
Changing your tenancy
You may have a sole tenancy or a joint tenancy. This page explains how you can change your tenancy, either from a sole tenancy to a joint tenancy or from a joint tenancy to a sole tenancy. It also explains when and how a sole tenancy can be assigned.
A sole tenancy is a tenancy that is in your name, or one person’s name, only. A joint tenancy is a tenancy that is held by more than one person. Generally, joint tenancies are held by two people, who are both named on the agreement.
Once a tenancy is created, we cannot simply “take people off” or “put people on” to the tenancy.
Creation of joint tenancies
A joint tenancy occurs when more than one person has signed the original tenancy agreement.
A request for a new joint tenancy will only be considered between a tenant and their spouse, civil partner or partner and apart from exceptional cases, not between a tenant and their carer, parent, sibling or other family member.
We would not allow the creation of a joint tenancy where the current tenant is subject to an existing order for breach of the tenancy agreement or has a valid Notice of Seeking Possession (NOSP) issued against them.
If you are a sole tenant but would like your spouse, civil partner or partner to be made a joint tenant, we will generally agree to a joint tenancy as long as:
- both you and the other adult(s) are agreeable to a joint tenancy being created AND
- there has not already been a succession or assignment of the tenancy AND
- your relationship is demonstrated to be of a permanent nature. In the case of a partner, this can be demonstrated by either a copy of the marriage or civil partnership certificate or by a co-habitation period of 12 months or more. In other cases, it may be demonstrated by other documents showing 12 months occupancy.
- your rent account is clear and there is no legal action pending AND
- you provide proof of identity of the prospective joint tenant(s) and proof that they have permanent residency in the UK. The prospective joint tenant (s) must be entitled to the allocation of Council housing.
The security of the new tenancy will be that of the original sole tenant with any Preserved Right to Buy.
To request a joint tenancy application please contact us on 020 7364 5015 or via email at contactus@towerhamlets.gov.uk.
Creating a sole tenancy from a joint tenancy
If you are joint tenants, you may wish to change the tenancy so that it is in the sole name of one of the joint tenants, for example because one of the joint tenants has moved out.
A joint tenancy can be changed to a sole tenancy by an order made by the court.
Where a request for a joint to sole tenancy is made under the following circumstances, the council will consider individual requests by applying discretion
- Where both tenants agree e.g. due to breakdown of relationship
- Where one of the joint tenants have moved out and does not intent to return
To request a joint to sole tenancy application please contact us on 020 7364 5015 or via email at contactus@towerhamlets.gov.uk.
Assignment of a sole tenancy to another sole tenant
If you are an existing sole tenant, you may wish to assign (transfer) your tenancy, for example because you wish to leave the property. A tenancy may only be assigned to one of the following:
- your husband or wife or civil partner or a person living with you as your husband/wife/civil partner, as long as the property is their main home
- A member of your immediate family (parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece), as long as they have lived with you for at least 12 months
- where there is no husband/wife/civil partner or immediate family member, it may be assigned to another member of your family, as long as they have been living in your home as their main home for the previous 12 months.
Your tenancy can only be assigned if there has not already been a succession or assignment.
The tenancy can only be assigned where the rent account is clear and no legal action is pending.
If we agree to the assignment, a deed of assignment will need to be completed by both the outgoing tenant and the new tenant.
Before we agree, we will look at whether under-occupation would be likely to result from this action. If it would be, we may refuse but offer suitable alternative accommodation.
If the property was adapted for the existing tenant and the adaptations are not required by the proposed assignee, the council may consider applying discretion for a suitable alternative property.
To request an Assignment of tenancy application please contact us on 020 7364 5015 or via email at contactus@towerhamlets.gov.uk
I'd like to add an occupant, what should I do?
To add a new occupant, please contact us send us the following information:
- a scanned copy or a photo of the new occupant’s photo ID
- the new occupant’s name
- the new occupant's date of birth
- the new occupant's relationship to tenant
- if the new occupant has a vulnerability
- the tenant's name
- the tenant's address
Acceptable ID's for people under the age of 16:
- passport
- full birth certificate
Acceptable ID's for people aged 16 and over:
The person/s requested to be added to your household will be added only from the date that you notified us.
You can email this information to contactus@towerhamlets.org.uk or using your online account.
You can hand in a copy of these documents at the Resident’s Hub, Town Hall, 160 Whitechapel Road, London E1 1BJ Monday to Friday from 9am to 5pm.
Ending your tenancy
If you want to move out of your council home, you must send us a ‘notice to quit’ to tell us that you want to end your tenancy. This is a legal document and must be filled in correctly or you may not be able to end your tenancy.
To get a copy of the form email contactus@towerhamlets.gov.uk or phone us on 0207 364 5015. You can also complete the form.
We must receive your notice to quit at least four weeks before you want the tenancy to end. This is known as a ‘notice period’.
Your tenancy will end on a Monday. You can move out at any time up until that date but you must agree your moving-out date with us first. You will not be able to stay in the property after that date.
When you leave you must give ‘vacant possession’ which means that you must leave the property:
- Clean
- clear of furniture, anything else you own and all rubbish
- with no people or pets still living there.
Joint tenants
If you are a joint tenant and one of you gives us notice to end the tenancy, the tenancy will end for all the tenants.
If you are a joint tenant and you want to move out before the end of the notice period all tenants in a joint tenancy must sign the notice to quit.
Death of a sole tenant
A tenancy does not automatically come to an end when a tenant dies. If you are acting on behalf of someone who has died, you should call us on 020 7364 5015 to find out what documents you must send us to end the tenancy.
We may ask you for:
- the original death certificate
- a copy of Grant of Representation
- a copy of the full Last Will and Testament
- copies of the letters of administration.
Inspecting the property (pre-termination visit)
We may ask to see your home during the notice period, to make sure that you understand what you have to do at the end of your tenancy and the condition you should leave the property in.
Paying off your rent
You must pay all the rent you owe by the date your tenancy ends.
If you have difficulty paying all the rent you owe by the end of the tenancy, you should contact your rent service officer as soon as possible by calling 020 7364 5015 and asking for the Rent Team.