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Transferring a tenancy – the basics

Your tenancy agreement should tell you if you can pass on or transfer your tenancy to someone else. If you’re a secure council tenant you may be able to:

• pass on your tenancy to someone else when you die – known as ‘succession’
  
• transfer your tenancy to someone else while you’re alive – known as ‘assignment’

There are rules about who can take over a tenancy and steps you’ll need to follow if you want to ‘assign’ your tenancy. If you don’t, the person who takes over may be seen as an ‘unauthorised occupant' and your council may take action to evict them.

If you have an introductory or demoted tenancy, you may also be able to pass on or transfer your tenancy. Speak to your council or get professional advice if you want to pass on or transfer your tenancy in these circumstances.

If you want to move, you may be able to swap tenancies with another council or housing association tenant – see the link ‘Swapping your council or housing association home’.

• Find your local council Opens new window

• Tenancy checker - Shelter Opens new window

• Swapping your council or housing association home for another property

What happens to a tenancy when someone dies

If you live together, you may be able to pass on your tenancy to:

• your spouse (husband or wife)
• your registered civil partner
  
• a close family member – as long as they lived with you continuously for 12 months or more before you died

Passing on the tenancy like this is called 'succession'.

A tenancy can only be passed on once. If you took over your tenancy through succession, no one would have the right to succession when you die. Your council may give the person a new tenancy so they can continue to live at the property. The council may offer the person another property.

Joint tenancies – when people share a tenancy

If a joint tenant dies, the tenancy automatically continues for the surviving tenant. This is known as ‘survivorship’. No one will be able to succeed to the tenancy when the surviving spouse or civil partner dies. For example, you have no further right to pass on the tenancy to your children.

• Joint tenancy agreements - council housing

Who can you transfer a tenancy to

If you live together, you may be able to assign (transfer) your tenancy to your:

• spouse (husband or wife)
• registered civil partner

If you have been living together continuously for the last 12 months or more, you may be able to transfer your tenancy to:

• a cohabiting partner – someone you’re not married to or in a civil partnership with
  
• a close family member – for example, a child, parent, brother or sister

The person you assign your tenancy to (the ‘assignee’) will take over all your rights as a tenant of the property. You can remain in the property if agreed with the assignee.

• Marriage, cohabitation and civil partnerships: your rights (government, citizens and rights section)

When can’t you transfer a tenancy

You can’t assign a tenancy to a friend or if:

• you were assigned the tenancy yourself by the previous tenant – this can only happen once
  
• you took over (‘succeeded to’) the tenancy when your spouse or partner died – this can only happen once
  
• you have a secure tenancy but it’s been demoted – for example, because of anti-social behaviour
  
• the council is in the process of evicting you
• the assignee has previously been involved in anti-social behaviour at a council property

How to transfer a tenancy – the Deed of Assignment

The basic steps are shown below. If you want to transfer a tenancy, speak to your council or get advice from an organisation like Citizens Advice.

Step 1: complete a ‘Request to assign tenancy’ form

To assign your tenancy, complete a ‘Request to assign tenancy’ form. You can get one from your council’s housing department.

Step 2: your request is checked

Your council will look at your tenancy records and arrange to meet you at your home or the council’s offices. This is to:

• check your marriage certificate (if applicable)
  
• check documentation – for example, that shows you’ve been living together

Step 3: your council’s decision

Your council will let you know in writing within 28 days if it has approved or refused your request.

If approved, a Deed of Assignment needs to be arranged with a solicitor. This is a legal document that is completed and sent to the council. Your details are removed from the tenancy agreement and the assignee’s added.

If your request is refused, you can ask for the decision to be reviewed. You will be told how to do this in the letter refusing your request.

• Find a solicitor or advice agency

Transferring a tenancy – housing association tenants

If you’re a housing association tenant, speak to your housing association. The ‘rules’ about assigning, or succeeding a tenancy for housing association tenants are different in certain important areas.

• Housing association homes

• Find your housing association Opens new window

More useful links

• Death and bereavement (government, citizens and rights section)

• What happens to debts when someone dies? (money, tax and benefits section)