In general a secure tenant may not assign his or her tenancy (Section 92 (1) of the Housing Act 1985). There are three exceptions to this strict rule (Section 91(3):-

  • the assignment is pursuant to a Property Transfer Order under Section 24 of the Matrimonial Causes Act 1973.

  • the assignment is to a person who would be qualified to succeed if the tenant had died immediately before the assignment.

  • mutual exchange

ASSIGNMENT BY PROPERTY TRANSFER ORDER

This action is only applicable to married persons. This Order can be made in proceedings for divorce in the High Court or County Court.

A tenancy assigned under a Property Transfer Order will not count as a succession.

ASSIGNMENT TO A POTENTIAL SUCCESSOR

The tenancy can be assigned to a person who would be qualified to succeed the tenancy if the tenant had died immediately before the assignment. This might be the tenant's spouse or (if they have been in residence for more than 12 months with no previous succession) any other member of the tenant's family.

When considering these requests, approval should only be granted if the property will not be under-occupied after an assignment, due to recent case law it is not possible to assign a joint tenancy.

If there has been an attempted assignment which has not been approved and/or does not fall into one of the 3 categories outlined we will commence legal action for possession.

MUTUAL EXCHANGE

There is a separate section dealing with exchanges on this website. Further information can be found under the heading of 'Rehousing.' Alternatively, you can look at the exchange list online at www.homes.org.uk

Date of last review: 21 October 2016