Frequently Asked Questions

faq | Assignment of Tenancy

Assignment of Tenancy

In most cases, a new tenancy can only start after the existing tenancy has ended. The exception is when a tenancy is “assigned”. This means that a new person takes over the existing tenancy, which continues with a change of name.

Tenancies can be assigned in the following circumstances:
•As required by a property transfer order made by a court in matrimonial proceedings
•To a person who would have qualified to “succeed” the tenant, if that tenant had died immediately before the assignment. This is called “assignment to a potential successor”. This may be used to prevent a dispute between several potential successors, but does not give a blanket right to assign tenancies to relatives.
•By a mutual exchange where a Stafford and Rural Homes tenant exchanges his dwelling with another tenant, or a tenant of another Registered Social Landlord. Please click here to see more information about Mutual Exchanges.

A person who takes over a tenancy by assignment becomes responsible for any existing breaches of the tenant’s obligations e.g. rent arrears, and has to perform those obligations from the date he becomes tenant. A new tenancy is not created and the assignee becomes a tenant, not a lodger in possession or any other type of occupant.

For more information please contact us.

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