Assigning a council or housing association tenancy
Change who the tenant is if you split up
You can sometimes change who the tenant is if you and your partner split up.
It depends on the kind of tenancy you have.
Check your tenancy agreement to see what your tenancy type is. You can ask your landlord if you are not sure.
A sole tenancy is when there is only one name on the tenancy.
A joint tenancy is when there are 2 or more people on the tenancy.
Assured housing association tenants
You can sometimes:
change a joint tenancy to a tenancy with just one person
sign your sole tenancy over to your ex if they will keep living there
You need your landlord to agree.
If it is a sole tenancy, you usually have to sign the tenancy over to the new person before you move out.
If you move out for good, you can assign a sole tenancy to your married or civil partner if they still live in the property.
You cannot do this if you're divorced or not married.
Example: Assigning a housing association tenancy
You have a joint tenancy with your ex. They moved out when your relationship broke down.
Your housing association landlord agrees that your ex can sign the tenancy over to you.
Both you and your ex sign a deed of assignment that makes you the new sole tenant. This means there is only your name on the tenancy agreement.
Your tenancy rights and responsibilities stay the same.
Your ex does not have any tenancy rights or responsibilities.
Secure tenants
You could sign over your sole secure tenancy to your husband, wife or civil partner if they still live in the property.
You cannot do this if you're divorced or not married.
The court can put your tenancy in another person’s name. This is called a transfer.
It can happen if the court makes a decision about your family, for example during a divorce.
It does not count as an assignment.
The court could also tell you to sign your tenancy over to someone else.
Check your tenancy agreement to see if you need to ask the landlord to agree.
There could be other ways to sort out a joint tenancy if you split up.
Example: Assigning a secure tenancy after a court order
You live in a council home with your children. The tenancy is in your husband's name.
Your husband has moved out and you are getting divorced.
You agree through a family mediator that the tenancy should go to you.
The family court makes a 'property adjustment order' which tells your husband to sign the tenancy over to you.
Your husband has to check his tenancy agreement to see if he needs to ask the council to agree.
You all need to complete a document called a 'deed of assignment'. Ask the council for help if you are not sure how to do this.
Last updated: 2 July 2024
