What is an Assignment of Tenancy ?
Assignment is one of the ways a tenancy can be legally transferred from one person to another. An example of this is where there is a joint tenancy and due to a relationship breakdown one of the joint tenants requests to have their name removed as they have moved out of the property.
How does an Assignment of Tenancy work ?
When a tenancy is assigned or ‘signed over’, all the rights and responsibilities of the tenancy will be passed from the outgoing tenant over to the remaining tenant.
The right to assign your tenancy depends on the type of tenancy you have and what the tenancy agreement actually says, so you should start by checking this first.
Who doesn’t have the right to Assign their Tenancy ?
Permission for an Assignment of Tenancy ?
You will need our permission to assign your tenancy, we cannot withhold permission unreasonably, however we may refuse if for example:
- You have rent arrears and we have already started possession proceedings against you.
- The property has been adapted for a person with disabilities and the person who requires these adaptations is leaving the property.
Signing a Deed of Assignment
For an assignment to be legal the Tenancy must be transferred using a “Deed of Assignment”. This is a legal document that has been signed ‘as a deed’ by both parties and this should be done (where possible) together at the same time.
The new tenant should keep the Deed of Assignment, in case they ever need to prove that the assignment has taken place. The original tenant and the landlord should also be given a copy for their records.
Other ways of transferring a tenancy
Assignment is not the only way to transfer a tenancy.
Other ways include:
- Mutual Exchange – this allows most tenants to swap homes
- Tenancy Transfer – when a council or housing association landlord allows a tenant to move to another of its properties
- Succession – this allows your partner, civil partner, cohabiting partner or sometimes family members to take on the tenancy if you die
- Court Transfers – these can be made as part of divorce or separation proceedings
If you would like to apply to assign your tenancy to another person, click here to download the Assignment Application Form.