Assignment of Tenancy

Assignments are usually only permitted in specific situations, including:

• Following a court order made during divorce, separation, or family proceedings 
• Where the tenancy is transferred to a person who would be entitled to succeed to the tenancy if the tenant died 
• Other limited circumstances permitted by law or your tenancy agreement

The type of tenancy you hold (for example secure, assured, or fixed-term tenancy) may affect whether an assignment is permitted. Fixed-term tenancies may include additional restrictions depending on the terms of your agreement.

The proposed new tenant will normally need to:

• Be aged 18 or over 
• Occupy the property as their only or principal home 
• Meet the legal requirements for assignment 
• Provide evidence of identity and residency 
• Agree to the terms and conditions of the tenancy 

We may carry out tenancy, eligibility, and affordability checks before making a decision.

Before requesting an assignment of tenancy, you must ensure that:

• All tenants named on the tenancy agreement consent to the request
• Your rent account is clear
• All required supporting documents are available at the time of application
• The person taking over the tenancy currently lives at the property where applicable 
• You have read and understood the information provided on this page, including the Assignment of Tenancy Policy, eligibility criteria and frequently asked questions

Applications may be delayed where information is missing, incomplete, or inaccurate.

We strongly recommend that all parties obtain independent legal advice before submitting an application.

• Assignment of Tenancy Policy ( pdf - 471.74 KB )

You may be asked to supply:

• A completed assignment application form 
• Proof of identity 
• Proof of address 
• Supporting legal documents, such as: 
  • Court orders 
  • Divorce or separation documents 
  • Death certificates 
  • Evidence of residency 
• Written consent from all joint tenants 

Additional information may be requested during the assessment process.

Step 1 – Submit Your Request

Complete the assignment application form and provide all supporting documents.

Step 2 – Assessment

We will review your application and confirm whether the assignment can proceed under housing law and your tenancy agreement. Additional information may be requested during this time.

Step 3 – Decision

We will notify you in writing of our decision.

Step 4 – Signing the Legal Documents

If approved, all parties must sign the required legal documents, including a Deed of Assignment, before the transfer becomes effective.

We aim to process requests within 28 days of receiving all required information and documents.

More complex cases may take longer.

Please note:

• An assignment cannot take place without written permission from the landlord 
• The current tenant remains responsible for the tenancy until the assignment is legally completed 
• Rent arrears or breaches of tenancy conditions may affect the application 
• The incoming tenant accepts all rights and responsibilities under the tenancy agreement 
• Providing false or misleading information may result in the application being refused 
• If you knowingly provide false or misleading information in order to obtain a tenancy, the Council may take possession proceedings, and you may be prosecuted under the Prevention of Social Housing Fraud Act 2013. 

What is an assignment of tenancy?

An assignment of tenancy is the legal transfer of a council tenancy from the current tenant to another eligible person while the tenant is still alive. Once the assignment has been completed, the new tenant becomes responsible for all tenancy conditions, including paying rent, looking after the property, and complying with the terms of the tenancy agreement.

Can I give my council tenancy to someone else?

Assignment is only allowed in limited circumstances. For most secure or flexible council tenancies, you cannot simply pass the tenancy to someone else unless the legal conditions are met and the Council gives written permission. Every application is assessed individually.

When is an assignment normally allowed?

An assignment may be allowed where there is a court order, such as during divorce, separation or family proceedings, or where the tenancy is being transferred to someone who would be entitled to succeed to the tenancy if the tenant died. Mutual exchange is a separate process and has its own approval requirements.

Can I assign my tenancy because I want to move somewhere else?

No. You cannot normally transfer your tenancy simply because you no longer want to live in the property. If you need different accommodation, there may be other options available, such as a mutual exchange or applying for alternative housing. If you move out without the Council’s agreement, you may be ending your rights as a tenant and the person remaining in the property may not have a legal right to stay.

Who can take over my tenancy?

The person taking over the tenancy must usually meet the legal and tenancy agreement requirements. This may include living in the property as their only or principal home and being someone who would qualify to succeed to the tenancy. The Council may carry out tenancy, eligibility and affordability checks before making a decision. 

Do I need the Council's permission?

Yes. You must contact the Council before making any arrangement to transfer your tenancy. The Council will review your request and confirm whether assignment is allowed in your circumstances.

You should not sign any documents or make any promises to another person until the Council has confirmed what can happen. The tenancy remains in the current tenant's name until all legal documents have been signed and the assignment has been completed.

How do I apply for an assignment of tenancy?

You will need to complete the assignment application form and provide all supporting documents requested. Your application may be delayed if any information is missing, incomplete or inaccurate.

What documents will I need to provide?

You may be asked to provide:

• Proof of identity 
• Proof of address 
• Supporting legal documents, such as a court order or divorce documents (where applicable) 
• Evidence that the proposed tenant lives at the property 
• Written consent from all joint tenants, where relevant. 
• Any other documents needed to assess the application

Additional information may be requested during the assessment.

What happens after I apply?

The Council will review your application to decide whether the assignment can proceed under housing law and the terms of your tenancy agreement. If the request is approved, all relevant parties will need to sign the required legal documents, including a Deed of Assignment, before the transfer takes effect.

Will rent arrears affect my application?

Yes. If there are outstanding rent arrears or breaches of the tenancy agreement, this may affect whether your application can be approved. You should contact us to discuss your situation before applying.

How long does the process take?

Timescales can vary depending on the circumstances of the case and whether all required information has been provided. Applications are likely to take longer if documents are missing or further checks are needed.

What happens after my application is approved?

If your application is approved, all parties will need to sign a legal document called a Deed of Assignment. The tenancy will only transfer once the deed has been completed. Once the tenancy has been assigned, the new tenant becomes responsible for the tenancy and the original tenant will no longer have tenancy rights or responsibilities for the property.

Can my application be refused?

Yes. An application may be refused if the legal requirements are not met, if the required information provided is incomplete or inaccurate, if there are rent arrears or tenancy breaches, or if the assignment is not permitted by law or the tenancy agreement. If this happens, the Council will explain the reason for the decision. You may be given advice about other housing options, depending on your circumstances.

What if there is a relationship breakdown?

If there has been a relationship breakdown, assignment may sometimes happen through a court order. You should seek independent legal advice if you are dealing with separation, divorce, or a dispute about who should remain in the property.

Should I get legal advice?

Yes. Assignment is a legal transfer of tenancy rights and responsibilities. We strongly recommend that all parties get independent legal advice before submitting an application or signing any legal documents.

What is the difference between assignment and succession?

Assignment happens while the tenant is alive and transfers the tenancy to another eligible person. Succession happens after a tenant has died and allows an eligible person to take over the tenancy, where the law and tenancy agreement allow it.

What if I'm not sure whether I'm eligible?

If you're unsure whether your tenancy can be assigned, contact the Neighbourhood Management Team before submitting an application. They can explain the rules and advise whether assignment is the right option for your circumstances.

• Assignment of Tenancy Policy ( pdf - 471.74 KB )

To request an assignment, please complete the application form and provide all supporting documents.

If you are unsure whether your tenancy can be assigned, please contact our Neighbourhood Management Team at HousingManagement@stalbans.gov.uk for information before submitting an application.

• Assignment of Tenancy form ( pdf - 316.34 KB )
• Assignment of Tenancy Policy ( pdf - 471.74 KB )

We strongly recommend that all parties take independent legal advice before making an application.

Independent advice is available from:

• https://england.shelter.org.uk/housing_advice
• https://www.citizensadvice.org.uk/