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We understand that there may be times when you may wish to transfer your tenancy to someone, for example if you are moving out of the home. Transferring your tenancy is called an assignment of tenancy.
The Housing Act 1985 gives you right to do this, however there are rules around this. You should always refer to your tenancy agreement to see if it allows you to transfer your tenancy.
What is an assignment of tenancy?
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.
We would generally grant requests for assignments where the assignee would have been a successor if the customer had died i.e., they were an eligible partner or relative.
Am I eligible to assign my tenancy?
You are only able to assign (transfer) your tenancy in the following circumstances:
- You wish to transfer the tenancy to your husband or wife or civil partner or a person living with you as your husband/wife/civil partner, as long as the property is their main home.
- You wish to transfer the tenancy to a member of your immediate family (parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece), as long as they have lived with you for at least 12 month.
- Where there is no husband/wife/civil partner or immediate family member, it may be assigned to another member of your family, as long as they have been living in your home as their main home for the previous 12 months.
- We will check your tenancy agreement to ensure an assignment can be permitted.
- The tenancy can only be assigned where the rent account is clear and no other legal action is in process i.e. if you have received a notice of seeking possession, or there is a Possession Order or Suspended Possession Order on your tenancy.
How do I apply to transfer my tenancy?
- You will need to check and confirm that you and the person you wish to transfer your tenancy to meet the requirements above.
- You can apply to transfer your tenancy using the below form, providing all of the information and evidence needed to support us to make a decision.
What will we do when you request to transfer your tenancy?
- We will review your request once we receive it to make sure that we have all the relevant information and evidence we need to make a decision.
- If we have any questions, or need further information, we will contact you about this.
- We will write to you to confirm the outcome of your request, explaining our reason if we are unable to change your name.