Tenancy Management Policy May 2024

An assignment is the legal way in which a tenancy can be passed from a tenant to someone else.

The Court can order the assignment of tenancy under matrimonial proceedings or civil partnership proceedings. A copy of the Court Order will be requested to evidence the assignment.

Secure tenants may have the right to assign their tenancy with the agreement of the landlord where:

• A succession to the tenancy has not previously taken place.
• An assignment of the tenancy (other than as a consequence of mutual exchange or by Court order) has not previously taken place and
• The proposed assignee would be eligible for housing under the Council's Housing Allocation policy and eligible to succeed to the tenancy on the death of the tenant.

Assignments use up the right of succession and a tenancy can only be a succession or assignment. If someone was granted their tenancy as a succession, they will not be able to carry out an assignment.

Where the Council receives an application to assign a tenancy and upon receipt of all required information, a decision will be made within a reasonable timescale.  The Council will only withhold consent on the following grounds:

• The existing tenant succeeded to the tenancy
• The tenancy was assigned to the existing tenant
• Legal action is in progress to recover possession of the property
• The person the tenant wished to assign the tenancy to is not a person who would be entitled to succeed to the tenancy, if the tenant died immediately before the assignment.

The Council will advise the tenant of the outcome in writing, where the Council provides consent the tenant and the assignee will be invited to sign the deed of assignment. The Council will advise the assignee of their rights and responsibilities as a secure tenant, the date the tenancy was commenced and the balance of the rent account.

Unauthorised assignments are a breach of tenancy and legal action will be taken to remove unlawful occupiers. Costs associated with this will be the tenant's liability.