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Assignment and succession: Regulated tenancies

This content applies to England

Assignment and succession rights to regulated tenancies.

Assignment means the transfer of an interest in a property (eg a tenancy) to another person. A Rent Act 1977 tenancy in the contractual (protected) period can be assigned but the statutory tenancy cannot be assigned as it merely gives the tenant a personal right of occupation. Protected shorthold tenancies cannot be assigned.[1] For further details see the section on assignment and relinquishment of tenancies.

Succession is the transfer of a property from the tenant to the spouse, civil partner or a member of family upon the tenant's death. On the death of a contractual or statutory tenant, if certain conditions are met,[2] the successor may obtain a statutory tenancy under the Rent Act 1977 or an assured tenancy under the Housing Act 1988. Which tenancy s/he succeeds to will depend on when the tenant died and whether the successor is the tenant's spouse or civil partner or another member of the family. For further details, see the section on Succession.

[1] s.54(2) Housing Act 1980.

[2] s.2(1)(b) and Sch.1 Rent Act 1977; s.39, Sch.4 Housing Act 1988; para 13, Sch.8 Civil Partnership Act 2004.

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