Assigning a council or housing association tenancy
How to assign your tenancy to someone else
If you want to give your tenancy to someone else:
check your tenancy agreement to make sure it says you can do this
ask your council or housing association if you can go ahead
wait for them to get back to you
sign a document called a deed of assignment - your landlord should have one you can use
You need to do all these things to make sure the person who gets your tenancy does not get evicted.
You lose your rights if you give your tenancy to someone else
It is important to know that you give all your rights and responsibilities to the new tenant.
They can ask you to leave if you are not named as a tenant on the agreement, even if you have lived there for a long time.
Do you have to ask your landlord to agree?
It depends on the type of tenancy you have.
Secure tenancy
If you are a secure tenant, you do not always need to ask your landlord.
You can sign your tenancy over to someone who could inherit the tenancy if you died.
But it is a good idea to talk to your landlord before you go ahead, just to be sure.
Assured housing association tenancy
Start by checking your tenancy agreement for what it says about assigning your tenancy.
Most housing association tenants need their landlord to agree. You usually have to ask your landlord even if your agreement says you can assign.
Take these steps:
write a letter or email to ask your landlord if you can sign your tenancy over
send them a copy of your tenancy agreement if you have it
Make sure your landlord agrees in writing that you can sign your tenancy over to someone else.
Your landlord is only likely to agree if:
you've had a relationship breakdown
you want to give your tenancy to a family member before you die
you do not owe any rent
Wait for your housing association to get back to you
Your housing association should write back in a reasonable time. For example, 6 weeks.
If they agree, they should let you know if there is anything else you have to do.
If they say they do not agree, they should tell you why.
If your tenancy agreement says your landlord can let you assign your tenancy, your landlord can only say no for a good reason. For example, if you have serious rent arrears.
If your agreement does not say anything about assigning a tenancy, you still need your landlord to agree. They can say no for any reason.
Do not sign your tenancy over to someone else before your landlord agrees in writing.
It breaks the tenancy agreement and the new tenant could be evicted.
Fill in a deed of assignment
You sign your tenancy over to the new person with a document called a deed of assignment.
Your document must:
say it is a deed
be signed by you and the new tenant
have both your names and addresses
have your landlord's details
Ask your landlord if they have a template deed for you to use.
You need another person to:
watch you sign the deed
sign it as a witness
This person cannot work for your landlord or be a member of your family. You could ask a friend or pay a solicitor.
Keep a copy of your signed deed of assignment.
Last updated: 4 July 2024
