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Assignment of tenancy

Assignment of tenancy

Assignment (the passing on of a tenancy) is only possible for secure tenancies in the following circumstances which are specified within the Housing Act 1985.

  • Under the right to exchange. Mutual Exchanges webpage.

  • Where a court orders it as part of a divorce, judicial separation proceedings or on termination of a civil partnership.

  • Where the Court orders it under the Children Act.
    Please note that where an assignment is ordered by the court this will not count as a succession unless the assignor (the person passing on the tenancy) was themselves a successor.

  • To a potential successor – someone who would have had the right to succeed to the tenancy on the death of the tenant. This is only possible if there has been no previous assignment or succession to the tenancy.

Succession of Tenancy webpage.

How do I apply to assign my tenancy?

There are other criteria and considerations so in the first instance, you should seek advice from your housing officer by emailing housingmanagement@stalbans.gov.uk

Alternatively please contact your housing officer on 01727 819534 who can discuss this with you in more detail.

You can download an application form here -

Assignment application (Needs to be amended, currently only PDF form available to update asap).

Decision

We aim to process all assignment applications within 21 days and we will write to you and inform you of the decision.

If your application is approved both the assignor and the assignee (person taking over the tenancy) will be invited in to the Council offices to sign a Deed of Assignment.

If your application is refused and you wish to challenge the decision, we will refer your case to the Housing Review Panel.

You can also seek independent legal advice through a solicitor, Citizens Advice or Shelter.