Gareth Test

It is possible to get out of the agreement at any time if you can come to a mutual agreement with your landlord. This is called ‘surrender’. To be valid, both sides must agree, and it is always best to put what has been agreed in writing so everyone knows where they stand. If you have a joint tenancy all the joint tenants and the landlord must agree to the surrender. It is worth seeing if your landlord is willing to negotiate even if your tenancy agreement says you cannot leave early. It may be convenient for both of you!

If the agreement is periodic (rolling from week to week or month to month), a tenant will normally have to give at least four weeks’ notice to end it, or a calendar month if it is a monthly tenancy. The notice must be in writing and must end on the first or last day of the tenancy, unless the tenancy agreement allows it to be ended on a different day. If rent is paid less frequently a tenant has to give at least one rental period of notice. So if rent is paid every two months, two months notice would be required. A tenant may choose to end a periodic tenancy be issuing a valid notice to quit to the landlord. Once the notice expires then the tenant’s agreement will have ended.

If the agreement is periodic (rolling from week to week or month to month), a tenant will normally have to give at least four weeks’ notice to end it, or a calendar month if it is a monthly tenancy. The notice must be in writing and must end on the first or last day of the tenancy, unless the tenancy agreement allows it to be ended on a different day. If rent is paid less frequently a tenant has to give at least one rental period of notice. So if rent is paid every two months, two months notice would be required. A tenant may choose to end a periodic tenancy be issuing a valid notice to quit to the landlord. Once the notice expires then the tenant’s agreement will have ended.

Walking away or just posting the keys through the letterbox is called ‘abandonment’ and will not end your tenancy. Your agreement with the landlord will continue even though you have left and the landlord can continue to charge you rent, so you are likely to build up rent arrears until possession is granted. This may also make it harder for you to find a new home, as most housing associations and private landlords ask new tenants for references from previous landlords and are not keen to rent to anyone who has abandoned a tenancy. Similarly, it is important to make sure that you have somewhere to go when you leave. If you need to make a homeless application in the future, or after you have walked away from the tenancy, Newcastle Housing Advice may decide that you are intentionally homeless. This is because you left a home that you could have stayed in, but you chose to leave. It is always best to seek advice before you make any decisions.

This may be possible if you have no choice but to leave early and want to avoid paying rent on more than one home. However, you have to get the landlord’s agreement for the person you suggest to move into the property. The landlord may want to take up references for them. The landlord should give the new person their own tenancy or licence agreement – otherwise, you will still be legally responsible for the tenancy

If your agreement is for a fixed term (eg six months) you can leave on the last day of the fixed term without giving notice. You must ensure that you do not stay even one day over, or you will automatically become a periodic tenant and will have to give proper notice or come to an agreement with your landlord. If you intend to leave on the last day you are not legally required to give the landlord any notice, but it is usually a good idea to do so, to avoid any dispute about when you actually left. Good communication helps things to go smoothly. Remember that you may need a reference to get a new home and, if you have paid a deposit, you are more likely to get it back if you keep the landlord in formed. If you stay beyond the fixed term and your landlord does not give you a new fixed term agreement, your tenancy or licence will automatically become periodic, which means that it rolls from week to week or month to month.

It is possible to get out of the agreement at any time if you can come to a mutual agreement with your landlord. This is called ‘surrender’. To be valid, both sides must agree, and it is always best to put what has been agreed in writing so everyone knows where they stand. If you have a joint tenancy all the joint tenants and the landlord must agree to the surrender. It is worth seeing if your landlord is willing to negotiate even if your tenancy agreement says you cannot leave early. It may be convenient for both of you!

A ‘Section 21 Notice to Quit’, so called because it operates under section 21 of the Housing Act 1988, is the notice a landlord can give to a tenant to regain possession of a property at the end of an Assured Shorthold Tenancy (AST). The landlord is able to issue the tenant with a section 21 notice without giving any reason for ending the tenancy agreement. A landlord has the legal right to retain possession at the end of a tenancy but must follow the correct legal procedure, which includes serving a section 21 notice. The Housing Act 1996 amended the section 21 of the 1988 Act by requiring this notice to be given in writing.-

Walking away or posting the keys through the letterbox is called ‘abandonment’ and will not end a tenancy agreement. The agreement will continue even though the tenants have left and the landlord has the right to continue to charge rent. A landlord can apply for a court order to make tenants pay what is owed. It should be noted that if the property has since been let out rent can only be claimed for the period of time before a new tenant has moved in. The period of time that rent can be charged after a tenant leaves depends on the type of agreement. In a fixed term agreement rent can continue to be charged up until when the term ends. If the agreement is periodic, rent can be charged up until the time when the agreement would have ended had the tenant given the agreed period of notice.

You have a joint tenancy or licence if you share with a spouse, partner, family member or friend and both/all of your names are on the agreement. The actions of each individual person will affect all of your rights. For instance:
•If one of you leaves without ending the tenancy correctly, the whole rent will still be due and the other(s) will have to pay the missing person’s share.
•If one of you has caused damage, the landlord may be entitled to take money out of your shared deposit.

If the landlord will not allow you to leave early and will not allow a new tenant suggested by you to move in, you may be able to negotiate to only pay part of the rent you owe. For example, if there are four months left on a fixed term agreement, the landlord might agree to only two months’ rent instead while they look for a new tenant.

A section 21 notice can be issued at any time during the fixed tenancy or during the periodic tenancy, but a Section 21 notice to quit can only be used to regain possession of a property at the end of an assured shorthold tenancy. If a landlord wishes to regain possession before the end of the agreed term, this may be possible if he can show certain conditions have been met. In order to do this he must first issue the tenant with a valid section 8 notice to quit. Section 21 notices served during the fixed term of the tenancy Section 21 of the Housing Act 1988 as amended by the Housing Act 1996 requires that the landlord provides tenants of an Assured Shorthold Tenancy (AST) with a minimum of two months’ notice in writing, stating that possession of the property is sought. The two months starts when the tenant receives the notice not when the notice was written/posted. A Section 21 notice must be served before possession order will be issued by a court. Possession under this section of the Housing Act 1988 cannot take place during the fixed term of the tenancy, but the notice can be served at any time during the fixed term provided the tenant is given a minimum of two months’ notice. The tenant is not required to give up possession of a property until a minimum of two months after the Section 21 notice to quit was served. This includes Section 21 notices served up until the last day of the fixed term. We recommend that if you are served with any type of notice from your landlord to contact us and seek advice immediately.

We can refer you to a place of safety, such as a refuge. Refuges are safe houses run for women suffering domestic violence. Refuges provide somewhere safe for you to stay. Staff at refuges specialise in dealing with domestic violence, and so can give a lot of emotional and practical support. We will always try to get you into a refuge as locally as possible, however due to the nature of this type of accommodation, this is not always possible.

We can refer you to the police domestic violence unit, to report the crime and they can also help and advise you with injunctions against your partner. We can also help to refer you to local agencies that will be able to offer you advice and support.

Physical attacks are the most obvious sign of domestic abuse. They do not need to leave visible marks to be damaging. Sexual abuse can include rape or forced participation in sexual acts you are uncomfortable with. Mental or emotional abusive acts attack your personality and emotional and well-being rather than your body. Mental abuse is not as obvious as physical abuse, but it can be just as harmful.

Financial abuse is where one partner controls all of the finance, often depriving the other partner of their financial independence or security. An example of this is where one partner does not give the other enough money to meet everyone’s needs in the household.

Newcastle Housing Advice works on a culture of belief. Your concerns will be believed and everything you share with us is done in the strictest of confidence. No actions will be taken without your agreement and permission. Women and men officers are available to conduct interviews, if you have a preference, please let us know.

If you are a victim of domestic abuse, considering your housing options is a vital way of getting protection for yourself and your family and moving on with your life. Your safety is an important aspect of the choices you make. Domestic Abuse could be from a partner or family member. Domestic abuse can include acts that, while not physically violent, enable a person to exercise control and power over another. Domestic abuse can be shouting and rows, constantly being insulted or belittled, or being deprived of money. If your partner does anything that frightens or controls you, it could be domestic abuse. Remember also that violence is a criminal offence and against the law.

If you are going through a relationship breakdown, we can help and advise you on the best action to ensure a planned move to a new home. We can also make an appointment for you to speak to a solicitor, if needed for an hour’s free legal advice. Where you hold either a joint mortgage or tenancy we will give you advise on your rights to stay and the best ways to transfer this into your sole name, if applicable. We could also refer you to a local solicitor for an hour’s free legal advice on such issues. Counselling can provide a caring and supportive environment to help you find a way through any difficulties you may be facing. We can refer you to Relate, who are a specialist counselling service to help you resolve your relationship/housing difficulties.

Leaving home can give you more freedom, independence and space, but it is not guaranteed to be a positive experience. It is not always easy to find a suitable place and living on your own can be expensive. There are many things to think about such as,
•How will I pay the rent?
•How will I pay bills?
•Can I still afford to eat after the bills are paid?
•How can I afford if I am not working?

Under the government’s benefit rules, a single person under the age of 35 and claiming benefits may only be eligible for a relatively low amount of assistance with their rent, which is approximately £45 per week. Preparing properly makes the process easier and can help to avoid being homeless. Find out about your rights, talk to your family and friends, work out your finances and find a place to live before you leave. Call us on 0345 850 9698, or alternatively access Shelter’s website, or ring them on free phone 0808 8004444 to talk in confidence and receive housing advice.

You will probably have to leave unless the person agrees to let you stay longer. It is usually worth asking if you could stay a little longer while you try to find somewhere else to live. We would usually ask the person evicting you to give you something called “reasonable notice”, which is about 28 days. If you require assistance Newcastle Housing Advice would be happy to contact your friend and discuss the issue if you are worried about asking them yourself.

Couples experiencing the breakdown of a relationship can approach organisations such as Relate to help with relationship difficulties. Mediation can produce an amicable arrangement about the family home. Newcastle Housing Advice is able to refer customers to relate to receive their expert help. Please contact us on 0345 850 9698 for more details.

Mediation may help in this situation. Contact Newcastle Housing Advice on 0345 850 9698, particularly if you are under 18. We may be able to get in touch with your parents to arrange a meeting where you can discuss your difficulties and come to a mutually satisfactory solution to enable you to stay or return home.

Private Rented – Can we help? – you may wish to visit our Private rented page
About private tenancies
I already rent privately
What sort of advice is available?
Local Housing Allowance (LHA) and housing benefit claims

Mortgage/rent arrears, debt issues
I am in debt, what can I do?

Accommodation and Support Providers Leaflet

Allocations Decisions

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Homelessness

Housing Options

Managing Money

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Rent Deposit

Service Standards

Equity Protocol 2015

Move on Protocol 2015

Housing Allocations Policy 2018

Do you need help with Furniture? NHA can assist with a referral to the furniture mine, Please contact us for information

The Citizens advice can offer a range of services, please visit their website for more information

Information and Support agencies available

If you wish to make an application for housing please register an application on Homes direct. – link also to other accommodation options page

The Lyme Trust
North Staffs Mind
Rethink
Access team
Staffordshire Mental Health telephone support
Arch
Brighter futures
Changes
Samaritans
ECHO
Dove Service
One recovery
Lifeline

If you have a local connection to Newcastle under Lyme and are you about to leave or recently left hospital and have not secured accommodation, you can contact us for advice and housing options.

Click Here To Register for housing

Useful links for accommodation and support

Link to the Mental Health options page

If you are you about to leave or recently left care of a local authority and have not secured accommodation, you can contact us for advice and housing options.

The leaving care team have a legal duty to help you prepare for independent living, their contact details are

Staffordshire Looked after Children Services Team
The Civic Offices
Merrial Street
Newcastle under Lyme
Staffordshire
ST5 2AG

Phone: 01782 296290

E-mail: leaving.care@staffordshire.gov.uk

Emergency duty number: 01785 354030

http://www.staffordshire.gov.uk/health/childrenandfamilycare/leavingcare/home.aspx

If you wish to apply for accommodation on the Newcastle under Lyme area, you will need to register on Homes Direct.

The Housing Associations we work with do not accept customers for a property until you reach 18.

For information on how the council can offer advice, you can visit the Shelter website

Useful contacts

Anew
Accommodation and support providers for care leavers in Stoke, Staffordshire & Cheshire

Tel: 01782 720094

E-mail: stoke@anewyps.co.uk

Website: www.anewyps.co.uk

If you are you about to leave or recently left the armed forces and served in the last 5 years and wish to live in the Newcastle under Lyme area, please register for accommodation with us on Homes Direct http://www.homesdirect.co.uk applications are given reasonable preference on the Newcastle Housing Advice Housing Register, for other accommodation options please look at Accommodation options factsheet (or link to sheet)

If you want more information about your housing rights and the council’s duties please visit Shelter’s website

Ex Service Personnel Guide

National Homeless Advice Service Publications

National Information and support services available
The Soldiers, Sailors, Airmen and Families Association (SSAFA)
Joint Service Housing Advice Office (JSHAO)
SPACES
Royal British Legion
Veterans UK The Sir Oswald Stoll Foundation
Veterans Aid

If you are a victim of domestic abuse, considering your housing options is a vital way of getting protection for yourself and your family and moving on with your life. Your safety is an important aspect of the choices you make. Domestic Abuse could be from a partner or family member. Domestic abuse can include acts that, while not physically violent, enable a person to exercise control and power over another. Domestic abuse can be shouting and rows, constantly being insulted or belittled, or being deprived of money. If your partner does anything that frightens or controls you, it could be domestic abuse. Remember also that violence is a criminal offence and against the law.

Domestic violence and want to stay in your own home

We can refer you to the police domestic violence unit, to report the crime and they can also help and advise you with injunctions against your partner. We can also help to refer you to local agencies that will be able to offer you advice and support.

What is classed as abuse?

Physical attacks are the most obvious sign of domestic abuse. They do not need to leave visible marks to be damaging. Sexual abuse can include rape or forced participation in sexual acts you are uncomfortable with. Mental or emotional abusive acts attack your personality and emotional and well-being rather than your body. Mental abuse is not as obvious as physical abuse, but it can be just as harmful.

Financial abuse is where one partner controls all of the finance, often depriving the other partner of their financial independence or security. An example of this is where one partner does not give the other enough money to meet everyone’s needs in the household.

Newcastle Housing Advice works on a culture of belief. Your concerns will be believed and everything you share with us is done in the strictest of confidence. No actions will be taken without your agreement and permission unless there is a safeguarding issue. Women and men officers are available to conduct interviews, if you have a preference, please let us know.

Nhas Factsheets

Useful contacts

Staying safe
Staying Put

If you are you about to leave or recently left custody and have not secured accommodation, you can find information below.
Further information on your housing options available on the following factsheets

Keeping your home

Housing on Release

Housing Options for Offenders

Useful links