The following Local Government guidance note Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers provides comprehensive and up to date legal information covering:
Assignment is the transfer of the interest in the tenancy to another person. Assignment of a secure periodic tenancy is prohibited except in three situations:
assignment by mutual exchange
assignment under property adjustment orders in connection with family/matrimonial proceedings
assignment to a person who would be qualified to succeed if the tenant had died immediately before the assignment
Any other purported assignment will be ineffective.
An introductory tenancy can only be assigned pursuant to a property adjustment order (as above), or to someone who would be qualified to succeed: there is no right to exchange. See Practice Note: Main differences—secure, introductory and flexible tenancies.
Assignment of an assured tenancy is prohibited unless the tenant obtains the landlord’s written consent. There is no requirement that the withholding of consent be reasonable. Additional rights to assign may be provided under the terms of the tenancy and in practice private registered providers will typically include a right to a mutual exchange, subject to the landlord’s consent
Under Rent Act 1977 (RA 1977), a protected tenancy can be assigned unless prohibited under the terms of the tenancy; a statutory tenancy arising on termination of the protected tenancy is incapable of assignment.
Assignment by mutual exchange entitles a secure tenant to exchange the tenancy with another secure or an
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