Assignment is one of the ways a tenancy can be legally transferred from one person to another.
When a tenancy is assigned, all the rights and responsibilities of the tenancy pass from the you to the new tenant.
You will need our permission to assign your tenancy to someone else.
If you don't follow the correct steps, any attempt to assign your tenancy won't be valid.
Your rights after a tenancy is assigned
You lose all your rights as a tenant after you assign your tenancy to someone else.
In most cases, if you continue to live in the property, the person you assigned the tenancy to becomes your landlord. Your legal status is an excluded occupier.
Assignment following the death of a tenant
In the event of a tenant's death, most tenancies can be passed to a relative or family member, that the law says can succeed (inherit) the tenancy. Only one succession is normally allowed.
For more information on the what to do when a tenant has died or further details on Succession and Suvivorship, please click here.
The next steps
A “Form of Assignment” application must be completed by all parties to the agreement and returned to us. Supporting documentation must also be provided to show proof of residence for more than 12 months, e.g. utility bills or bank statements etc.
The Tenancy Agreement provides Tenants with a contractual right of assignment and all applications will be considered to decide whether the request for assignment is reasonable.
Starter Tenants’ have no rights to assign their tenancy.
All Assignments must be approved in writing by us before any changes to the Tenancy take place.
Once the Assignment has been agreed by us;
- The new tenant takes the property in the condition in which it stands at the date of the transfer and accepts liability for any damage caused by the original tenant.
- The new tenant accepts liability for any arrears of rent as at the date of assignment.
- If a postponed order for possession is in force at the time of assignment, the name of the new tenant will be substituted in place of the previous tenant on the order.
On completion of the Assignment we will send an acknowledgement letter to the tenant to confirm the change.
AN ASSIGNMENT DOES NOT CREATE A NEW TENANCY