Assignment of tenancy
Assigning a secure tenancy
Secure tenants have the legal right to assign their tenancy to another person in specific circumstances. Assignment is the formal process of transferring a tenancy to someone else, and it must be completed using a deed of assignment.
When can a secure tenancy be assigned?
A secure tenancy can be assigned in the following situations.
Mutual exchange
Secure tenants can swap homes with another social housing tenant. This is known as a mutual exchange and requires written consent from both landlords. The tenancy agreement continues under the same terms, but the tenants change.
Assignment to a potential successor
A sole tenant may assign their tenancy to a family member who would qualify to succeed the tenancy if the tenant died. This must occur before the tenant moves out, and the assignee must have lived with the tenant for at least 12 consecutive months. This type of assignment counts as a succession, meaning no further succession will be allowed.
Assigning a joint secure tenancy to the other joint tenant
In some cases, one joint tenant may wish to leave the tenancy and transfer it to the other joint tenant.
We will assess whether the remaining tenant qualifies to take over the tenancy. This includes checking that the remaining tenant has lived in the property as their main home and there has been no previous succession or assignment.
Once the assignment is complete, the remaining tenant becomes the sole secure tenant and assumes full responsibility for the tenancy.
Apply to assign a tenancy from joint to sole tenant
Adding a spouse or partner to a secure tenancy
If you are a sole secure tenant and wish to add your spouse or partner to your tenancy, you can request that we create a joint tenancy. This means both of you would share equal legal rights and responsibilities for the tenancy.
You may be able to add a spouse or civil partner, or a cohabiting partner (including same-sex partners).
The person must be living with you as their only or principal home and have lived with you for a minimum period of 12 months.
You will need to provide:
- proof of relationship (marriage or civil partnership certificate)
- proof of residence, such as utility bills, council tax or bank statements showing a shared address
We will assess whether the person meets eligibility criteria and the property is suitable for a joint tenancy.
If approved, a new tenancy agreement will be issued naming both parties as joint tenants.
Apply to add a spouse or partner to your tenancy
Court order
A tenancy may be assigned following a court order, typically during divorce or civil partnership proceedings. The court may transfer the tenancy to one party as part of the settlement.