Assignment and succession of tenancy
Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers
Assignment and succession of tenancy

The following Local Government practice note Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers provides comprehensive and up to date legal information covering:

  • Assignment and succession of tenancy
  • Assignment
  • Assignments by way of mutual exchange
  • Conditions to be met
  • Assignment to another secure tenant
  • Assignment to an assured tenant
  • Flexible tenancies
  • Grounds for refusal
  • Assignments under property adjustment order
  • Assignments to people qualified to succeed
  • More...

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:

  1. proceedings for possession

  2. forfeiture of business leases on the grounds of non-payment of rent

  3. a landlord's right to exercise Commercial Rent Arrears Recovery (CRAR) and enforcement agents taking control of goods

  4. service of various notices to recover possession of residential properties

  5. practice and procedure in the First-tier Tribunal (Property Chamber) and Upper Tribunal (Lands Chamber)

  6. insolvency legislation of both a permanent and temporary nature

For further information and guidance, see: Coronavirus (COVID-19)—implications for property and Coronavirus (COVID-19)—social housing tracker.

Assignment

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:

  1. assignment by mutual exchange

  2. assignment under property adjustment orders in connection with family/matrimonial proceedings

  3. 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

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