Passing on a tenancy

Use this guide to help you when passing on your tenancy.

Assignments

An assignment is where a tenancy has been legally transferred from one person to another and must be done by a legal document called a Deed of Assignment.

Examples of where a tenant may wish to assign their tenancy to someone else include when a person moves into a residential care home or to another country.

A secure tenancy can only be assigned:

  • to a person who could have succeeded the tenancy on the death of the tenant
  • in a property transfer order under matrimonial and family legislation
  • in a mutual exchange.
  • Assigning your tenancy counts as a ‘succession’ and only one succession is allowed.

This means that:

  • if you gained the tenancy through an assignment or succession you can't pass it on
  • the person who you assign the tenancy to can’t assign it or have it succeeded by someone else.

What to think about before you apply

We strongly advise that you take legal advice from the Citizens Advice Bureau or a solicitor as there are a number of matters to consider.

For example, if you assign your tenancy to someone else, you will lose all legal rights to the tenancy and you won’t be able to get them back. Make sure you’ve thought very carefully before assigning your tenancy to someone else and don’t be forced into doing it.

If you assign the tenancy and the new tenant asks you to leave, you could be left without a place to live, as we won’t have to find you a new home.

Assigning your tenancy could also affect how much housing benefit your household can get.

Why we wouldn’t approve your application

We won’t approve your application if:

  • the person you want to assign to doesn't have the right to succeed to the tenancy if you were to die
  • you don’t live with the person you want to assign your tenancy to or you’re not married or in a civil partnership with them
  • your home is too big for the person you want to give the tenancy to
  • you don’t make arrangements to pay any debts you owe us
  • we think you’re being forced to apply against your will.