A tenant may assign their tenancy to another person, meaning that they transfer their 'legal interest' in the property to this person. The existing tenancy continues, and the tenancy terms and conditions do not change - only the tenant changes.
Where an assignment would lead to the new tenant under-occupying the property, we will discuss options for downsizing to an alternative property.
There are three situations when a secure tenancy may be assigned: to a potential successor, due to a Court Order, or as a result of a mutual exchange. These conditions are set out in law.
Assigning the tenancy to a potential successor
The tenant may assign the tenancy to a member of the household who would be qualified to succeed the tenancy if the tenant died, as long as there has not been a previous succession or assignment of that tenancy. If the tenancy is assigned, the right to statutory succession is used up and there is no further right of succession or assignment. An assignment must occur before the original tenant moves out of the property and it ceases to be his or her principal home.
Assigning the tenancy due to a Court Order
Assigning the tenancy due to a court order is usually when matrimonial or civil partnership proceedings, or proceedings under the Children's Act 1989, lead to a 'property transfer order' in favour of one tenant where a joint tenancy exists.
Assigning a tenancy through a mutual exchange
A mutual exchange is where one or more social housing tenant(s) legally swaps their tenancy, and home, with another social housing tenant.
Any of the following tenancies can be swapped with the other: secure council tenancy, flexible (fixed term) council tenancy, fully assured housing association tenancy, secure housing association tenancy, and assured shorthold tenancy (AST) with a housing association (if it's a fixed term ASTs of at least 2 years).
If one social housing tenant holds a secure council tenancy, or fully assured housing association tenancy which began before 1 April 2012, when they swap with a fixed term council or housing association tenant, the secure or fully assured tenancy is retained.