Assigning a tenancy

This content applies to England only.

Housing laws vary between England and Scotland. This page applies to England only. Get advice relating to Scotland

Assignment is one of the ways in which a tenancy can be legally transferred or ‘signed over’ from one person to another during their lifetime. Only certain tenants have the right to do this. Even then, the correct legal procedures must be followed and the landlord’s permission is usually needed.

Bear in mind that assignment is not the only way in which it is possible to transfer a tenancy from one person to another. Other methods include:

• mutual exchange, which allows certain tenants to swap homes 
• succession, which allows certain family members to take on the tenancy if the original tenant dies
• court transfers, which can be made as part of divorce or separation proceedings.

How does the process of assignment work?

After an assignment has taken place, all the rights and responsibilities of the tenancy are passed from the original tenant (the ‘assignor’) to the new tenant (the ‘assignee’). The original tenant no longer has any rights or responsibilities whatsoever in relation to the property. This is very different from a subtenancy, where the original tenant grants a tenancy to someone else but still has a contract with the original landlord.

For an assignment to be legal:

• the original tenant must have the right to assign her/his tenancy, and 
• in most cases the landlord’s permission is required, and
• the tenancy must be assigned using a ‘deed of assignment’.

See below for more information about each of these issues. If the correct steps are not followed, any attempt to assign the tenancy will not be effective and the landlord will normally be able to start eviction proceedings against anyone living in the property.

Do I have the right to assign my tenancy?

This will depend on the type of tenancy you have. If you are not sure what type of tenancy you have, you can use our tenancy checker to find out.

Council tenancies

Council tenancies can only be passed on once by succession or assignment. For example, after one joint tenant dies and her/his rights are transferred to the surviving joint tenant by succession, it will not be possible for the tenancy to be assigned to anyone else. 

If there has been no previous succession or assignment, secure council tenants can only assign their tenancy to certain people - no one else will qualify. The only people who you may be able to assign your tenancy to are:

• your spouse or registered civil partner, as long as s/he is living with you
• another member of your family (this includes cohabiting partners, children, parents, siblings and most other close relatives), as long as you are not married or in a registered civil partnership, and the person you want to assign the tenancy to has been living with you for at least one year.

Introductory tenants, demoted tenants and people living in temporary accommodation do not normally have the right to assign. However, their tenancies may still be transferred under the rules of succession (if there has been no previous succession or assignment) or as part of a divorce or separation.

Housing association tenancies

Most assured and assured shorthold housing association tenants can only assign their tenancy if the housing association agrees to it. If your tenancy agreement doesn't say anything about assignment, you probably need written permission from the association.

However, if your home was transferred from the council to a housing association while you have been living there, you may have been given extra rights, equivalent to those of a secure tenant (see below). Check your tenancy agreement to see what it says, and get advice.

Secure housing association tenants can assign their tenancy to any person who would be eligible to take on the tenancy by succession if they were to die. Your spouse or civil partner would normally be eligible, as long as s/he is living with you. If you are not married or in a registered civil partnership, a cohabiting partner or another member of your family may be able to take over the tenancy instead, as long as s/he has been living with you for at least one year.

People with starter tenancies or demoted tenancies do not have the right to assign, although their tenancies may still be transferred under the rules of succession or as part of a divorce or separation. Housing association landlords may also be willing to transfer a tenancy in other situations, depending on your circumstances and the reason for the transfer.

Private tenancies

Most private tenants have very limited rights and can be evicted very easily – this includes assured shorthold tenants, excluded occupiers and occupiers with basic protection. If you have one of these types of tenancy, your landlord doesn’t have to prove a legal reason in order to get a court order. For this reason, it can be very difficult to assign your tenancy unless your landlord is happy to agree to it. Once the assignment has taken place, the landlord will always have to option to simply give the new tenant notice that s/he wants them to leave and then apply for a court order, if one is needed.

You have more protection from eviction (and therefore more chance of being able to successfully assign your tenancy) if you have a regulated tenancy or an assured tenancy. However, if you have one of these tenancies, your rights will depend on what your tenancy agreement says about assignment, and whether your tenancy is for a fixed-term (ie 5 years) or is periodic (ie rolling from month to month or week to week). The rules are very complicated and if you attempt to assign your tenancy your landlord may try to evict you. Use our directory to find an adviser in your area who can explain your rights and may be able to help you negotiate with your landlord.

Other tenancies

If you have a type of tenancy that is not covered in the sections above, you should get advice from a housing specialist to find out about your rights. You can contact Shelter's free helpline, request email advice, or use our directory to find an adviser in your area.

Can my landlord refuse to give permission?

In most cases, your landlord’s permission is needed for an assignment to take place. This is often specifically written into your tenancy agreement. If this is the case, your landlord cannot normally withhold this permission unreasonably. Landlords cannot refuse consent on the grounds of race, sex or disability, but they may refuse to give permission if, for example:

• the new tenant is not financially secure
• the original tenant has rent arrears
• the landlord has started eviction proceedings against the original tenant
• the property has been adapted for a person with disabilities and there would no longer be a person with those disabilities living there.

If the original tenancy began after 1 January 1996, the landlord may be able to insist that the original tenant act as a guarantor for the new tenant.

What is a deed of assignment?

A ‘deed of assignment’ is a written legal document that has been signed 'as a deed' and witnessed. The deed must give the name(s) and address of the original tenant(s), the new tenant(s) and the landlord. An independent person must witness the signatures of the original tenant(s) and the new tenant(s). The new tenant should keep the original 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.

What should I do before assigning a tenancy?

Assignment may be a good option if you want to move out but one or more members of your family wants to continue living in your home. Alternatively, you may want to ensure that a particular family member is able to keep the tenancy after you die, and that person would not take on the tenancy under the normal rules of succession.

Assignment is not normally a good option if you want to continue living in the property yourself, as you would have greatly reduced rights (see below).

It is always best to get advice before signing any agreement to make changes to your tenancy, to be sure that you understand your rights and have explored all other possible options. Use our directory to find a housing adviser in your area who can explain how the process works and how your rights will be affected. They can also check some important issues for you:

• whether you have the right to assign your tenancy (this will depend on the type of tenancy you have – see above)
• whether landlord’s permission is needed (very few tenants have an automatic right to assign without the landlord’s permission – see above)
• whether there are any rent arrears (or outstanding bills or charges) and, if so, who is liable for these – the landlord may not agree to the assignment until the rent arrears have been paid off by the original tenant
• whether the new tenant will be able to afford the rent
• whether the landlord is likely to try to evict the new tenant, and how easy it would be for them to do so.

What rights would I have if I assign my tenancy?

You will lose all of your rights if you assign your tenancy to someone else. In most cases, you will become an excluded occupier and the person you assigned the tenancy to will become your landlord. This means that they only have to give you ‘reasonable notice’ if they want you to leave. The law doesn’t say what is ‘reasonable’ and the notice does not have to be in writing, so this can be very difficult to enforce.

For this reason, assignment is not generally a good idea if you want to continue living in your home. Although everyone may agree about things at first, if you have disagreements later on you will have very limited legal rights and can be evicted very easily. So get advice before you make any decisions.