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Assignment of Tenancy

What is an Assignment of tenancy?
Assignment is the legal term used when a secure tenancy passes from one person to another.

Assignment of Tenancy Factsheet (pdf file 109Kb)

There a number of ways a secure tenancy can be passed to another person:

• When the original tenant passes their tenancy to another person – this is formally an "assignment to a potential successor" often called an "assignment".
• When a court orders that the tenancy is to be passed to another person.
• When the original tenant dies – this is called "succession".
• When two tenants swap their homes – this is called "mutual exchange".

Can I assign my tenancy to someone else?
You can only pass your tenancy to someone else with Homes for Islington’s approval.

There are a number of rules that HFI need to be happy your request complies with before it will agree you can pass your tenancy to another person. These rules are laid down in law and Homes for Islington’s own policy.

You must be the original tenant. If you took over your tenancy because the previous tenant died or if the previous tenant gave their tenancy to you it is likely you will not be able to pass on the tenancy again.

The person (called “the assignee”) you wish to pass your tenancy to must be eligible. An assignee is eligible if they would be able to inherit your tenancy if you died. This is the joint tenant, your husband/wife or civil partner, your partner (including same sex partner) or certain other members of your family. Family members that are considered eligible are:

• Parent • Grandparent • Child • Grandchild • Brother

• Sister • Uncle • Aunt • Nephew • Niece

• Half brother • Half sister • Foster child

Both you and the assignee must be living at your tenancy address and it must be your only or main home. Unless the assignee is a joint tenant, your husband/wife or civil partner they must be able to prove they have been living with you at your home for at least the past 12 months.

You can only pass your tenancy to one person.

How can you apply to pass your tenancy to another person?
Homes for Islington need to see the following in order to make its decision:

• Completed Application to Assign a Tenancy form and Form of Authority/Consent.
• Proof of your and the assignee’s identity (e.g. birth certificate, current passport etc.)
• Proof of the assignee’s relationship with you (e.g. birth and/or marriage certificates proving they are your partner or mother or niece etc.)
• Proof that you and the assignee live in your home now.
• Unless the assignee is the joint tenant, your husband/wife or civil partner then they have to show they have been living with you for 12 months by providing at least five separate and different items of official paperwork (e.g. benefit paperwork, bank statements, utility bills etc.)

Once Homes for Islington has received this information it will confirm if it agrees that you can pass on your tenancy. If agreed you can pass on your tenancy, we will write to you and the assignee asking you both to attend an appointment to complete the necessary paperwork to formally pass the tenancy from you to the assignee. The date your tenancy is passed to the assignee will normally be the Monday following the appointment. The assignee will become liable for the rent and all other tenancy conditions from this date.

Circumstances in which we will not allow you to pass on your tenancy
There are a number of reasons why we may not allow you to pass your tenancy to another person:

• You got your tenancy when the previous tenant died or if they passed it on to you.
• If you have a court order against you then you may have lost the right to pass on your tenancy to someone else, in addition to other tenancy rights.
• If you have a demoted tenancy you lose your right to pass on your tenancy. If you have a demoted tenancy this would usually be because of unacceptable behaviour.
• If you have caused anti-social behaviour or harassment we might be in a position to refuse your request.
• If you are currently in the process of buying your home or moving to another HFI property or if you have been nominated by HFI to another landlord for housing or if you are in the process of doing a mutual exchange with another tenant.

What if I have arrears on my rent account?
If you apply to pass your tenancy to someone else we will ask you to clear your rent account.

If you are not able to clear your rent arrears we will only allow you to pass on your tenancy to someone else if you make an agreement, acceptable to Homes for Islington, to clear the debt by instalments or if the assignee gives their written agreement to take responsibility for the rent arrears. When this happens the arrears are added to the assignee new rent account.

What will Homes for Islington do if I leave someone in my home and I move out?
If you leave your home and have no intention to return, the security of your tenancy is lost. If before you leave you give your keys to someone else, even if that person may have been entitled to take on the tenancy, as shown above, HFI will consider the person to be an unauthorised occupier. HFI will take the necessary legal action to evict the person and take back possession of the property. While the person remains in the property until we receive the keys we will charge them for its use and occupation. If we have to take them to court they will be liable to pay our costs.

How can I make a request to assign my tenancy?
If you wish to ask Home for Islington to consider allowing you to pass on your tenancy to someone else you should speak to your Tenancy Management Advisor at your local area housing office.