Assignment and exchange (section 22)

22.1.  If you are a Secure tenant, you may be able to assign (transfer) your tenancy in the following circumstances:

a)       If you want to assign your tenancy to a person who would qualify to succeed to the tenancy on your death
b)       If you are mutually exchanging your property

22.2.  If you are an Introductory tenant, you may be able to assign (transfer) your tenancy to a person who would qualify to succeed to the tenancy on your death. As an Introductory tenant, you do not have the right to mutually exchange your property.

22.3.  Assigning your tenancy to a person who would qualify to succeed to the tenancy on your death means that there will no further right to succession upon the death of the tenant to whom the tenancy has been assigned.

22.4.  There can only be one assignment of the tenancy.

22.5.  If you want to assign your tenancy you must ask the Council for permission in writing.

22.6.  The Council can refuse permission to assign your tenancy under the grounds set out in schedule 3 to the Housing Act 1985 or in schedule 14 to the Localism Act 2011, which includes but is not limited to the following circumstances:

a)       The Council has started possession proceedings against you. This includes serving you with a Notice of Seeking Possession
b)       The property has been adapted for a person with disabilities and there would no longer be a person with disabilities living there
c)       The size of the property is not reasonably suitable to the needs of the proposed assignee and their household

This is not a full list.

22.7.  If you assign your tenancy without the Council’s permission, you will be in breach of your Tenancy Agreement and the Council will take court action against you.

22.8.  If you are a joint tenant, you cannot assign the tenancy to another family member if they are not the other existing joint tenant.

22.9.  In the event of a relationship breakdown, a court can order the transfer of the tenancy from one person to another. This is in relation to both sole tenancies and joint tenancies. If you are involved in a relationship breakdown, it is recommended that you seek you own independent legal advice.