How Long Do You Have to Clear a Council or Housing Association Home After a Death in Glasgow?

There is no single deadline that applies to every council or housing association home in Glasgow. Each landlord has its own process, so the most important step is to contact the landlord as soon as you can after the death, ask how long you have to clear the home and ask how rent will be handled while you do. If someone qualifies to take over the tenancy but does not want it, they should tell the landlord in writing within four weeks of the death and leave the house within six months.

Losing someone is hard enough without worrying about keys, rent and a home full of belongings. We help families with clearing a rented home in Glasgow after a death, and this guide explains who to contact, who can take over the tenancy and what the landlord will expect. It is general information, not legal advice, so check the details with the landlord and, where needed, a solicitor or an advice service.

Who runs council houses in Glasgow now?

Most homes that people in Glasgow still call council houses are now run by housing associations rather than the council itself. Many belong to Wheatley Homes Glasgow and others to different housing associations. The landlord's name will be on the tenancy agreement and rent letters.

Council and housing association tenants in Scotland usually have a Scottish secure tenancy, so the succession rules below apply to most social homes.

How long do you have to clear a council house when someone dies?

It depends on whether anyone is entitled to take over the tenancy, whether someone is still living in the home, and the landlord's own procedure after a tenant dies. For comparison, when a living tenant ends a tenancy, Wheatley Homes Glasgow asks for at least four weeks' notice in writing. After a death the landlord will explain its own process, so ask rather than assume.

When you first call the landlord, it helps to have a list of questions ready:

• By what date do you need the keys back?
• Will rent or any other charge be due while we clear the home, and from what date?
• Does anyone living in the home qualify to take over the tenancy?
• Who do you need to deal with: the next of kin, the executor or a solicitor?
• What condition do you expect the home to be left in?
• Can we have more time if we need it?

Note who you spoke to and when, and ask for important answers in writing.

Is rent charged after a tenant dies?

The Model Scottish Secure Tenancy Agreement, the template published by the Scottish Government for social landlords, says that rent will be charged only for the actual period of occupation. Landlords write their own agreements, so ask yours how this applies while the home is being cleared.

Shelter Scotland explains that if you carry on living in the home after the death, you will pay rent or an occupancy charge, and if you take over the tenancy, the rent is backdated to the date of death.

Any money the person owed, including rent arrears, is normally paid from their estate, because debts must be settled before an executor can distribute anything. Speak to the executor or an adviser before paying anything yourself.

Can you inherit a council house tenancy in Scotland?

Yes. Taking over a Scottish secure tenancy after a death is called succession. According to Shelter Scotland's guide to succession, the people with first priority are:

• A spouse or civil partner whose only or principal home it was.
• A cohabitee whose only or principal home it was, as long as they lived there for at least six months before the death and the landlord had been told they were living there.
• A joint tenant.

If nobody has first priority, a family member can qualify, although conditions apply. If you think you might qualify, speak to the landlord before you start clearing anything.

Someone who qualifies but does not want the tenancy should tell the landlord in writing within four weeks of the death and leave the house within six months. If nobody qualifies or wants the tenancy, the landlord will normally expect the belongings to be removed so the home can be returned, which is when the clearance needs to be planned.

What does the landlord expect the house to be like?

Wheatley Homes Glasgow asks tenants who are ending a tenancy to leave the home clean, empty and in a reasonable condition. If it has to carry out repairs the tenant is responsible for, clean the home or arrange for items to be moved, it may charge for this. Other landlords set their own expectations, so check with yours.

Empty means everything. These are the places families most often forget:

• The loft, the hall press and the bathroom cabinet.
• Kitchen units, the fridge, the freezer and the oven.
• The space above wardrobes and under the beds.
• Sheds, cellar stores and back court stores.
• The garden, the balcony and the bin store.

What happens to belongings left behind?

The belongings are part of the person's estate, and the executor is responsible for them. Before anything goes, search for the will, bank letters, photographs and anything of value. In Scotland nothing of value should be sold or given away until the executor agrees and has authority to deal with the estate, so check with the executor or their solicitor first.

Items left behind when the keys go back can mean charges if the landlord has to arrange for them to be moved, and important papers may be lost with them.

Two things should never happen:

• Nothing goes in the close. The Scottish Fire and Rescue Service advises keeping closes clear, because the stair is often the only way out in a fire and items left there can be set alight deliberately.
• Nothing goes in the back court or beside the bins. This can be treated as fly-tipping, which carries a £500 fixed penalty in Scotland.

Unused medicines should go back to a pharmacy for safe disposal rather than into the bin.

Who do I contact in Glasgow after a council tenant dies?

• The landlord. For Wheatley Homes Glasgow, the Customer First Centre is on 0800 479 7979. For other housing associations, use the number on the rent letters.
• The registrar. When you register the death, the registrar will explain Tell Us Once, which lets you tell the council and most government organisations in one go.
• The council about council tax. Our guide to council tax on an empty house after a death explains how it works in Glasgow.
• The executor or family solicitor. They need to know about the tenancy, any arrears and anything of value in the home.
• Energy and phone providers. Give final meter readings once the home is cleared.

Your checklist for handing back the keys

1. Agree the key return date with the landlord and get it in writing.
2. Remove paperwork, photographs and valuables first, and let family choose keepsakes.
3. Book the clearance well before the key date.
4. Clear every room, cupboard, store and outdoor space.
5. Clean the home and take dated photographs of every empty room.
6. Take meter readings and pass them to the suppliers.
7. Return every key and door entry fob, and ask for a receipt.
8. Keep invoices and receipts for the executor.

What if the home is a tenement flat?

Many social homes in Glasgow are tenement flats, often with a shared close and no lift, so furniture often needs dismantling inside the flat. Our guide on how to clear a tenement flat in Glasgow covers this in detail.

How Jettison Express can help

Jettison Express is based in Glasgow's east end and clears rented homes across the city and nearby towns, including house clearances in Rutherglen. We also carry out void property clearances in Glasgow for landlords, so we know what a landlord expects when the keys go back. You can expect:

• An up-front rate agreed before any work starts.
• A uniformed, insured team who call ahead on the day.
• Papers, photographs and valuables set aside as you instruct.
• Furniture dismantled, carpets lifted, and lofts, sheds and stores cleared.
• A sweep and tidy at the end.
• Everything taken to our Glasgow depot and sorted, with over 90% reused or recycled.
• A registered waste carrier, with paperwork left once the job is complete.

We work with families, executors and solicitors on executry clearances. We do not remove asbestos or hazardous waste. If you are not sure who should arrange the clearance, our guide on who clears a house when someone dies in Glasgow may help.

If you need to clear a council or housing association home, contact us for a quote or call 0333 880 6800. Let us know your key return date and which floor the home is on.