Frequently Asked QuestionsYour home & tenancy

How do I pass my home to someone else by assigning my tenancy?

By October 20, 2017 No Comments

You can assign your home to someone else in certain circumstances. These include:

  • Where you may decide you want to leave your home and set up home elsewhere because of your personal circumstances.
  • Where the tenancy of your home is the subject of divorce proceedings.
  • If your relationship is breaking down.

You will be asked to sign a request form.

We expect the person you are assigning your home to will have lived with you for at least a year, or has been given rights to the home under a Court agreement.

As with a Joint Tenancy, please be sure to clear any outstanding arrears before making your request, but don’t let this stop you from asking us about Assignment of tenancy if you do owe money on your account. Your Housing Manager can help you work out how to pay the arrears.

The Assignment of Tenancy Form itself is a legally binding document and both parties have to sign this.

What help or advice can you offer?

A request to assign a tenancy may mean you are going through a difficult period in your life. Your Housing Manager is there to offer advice and assistance, as every person’s circumstance is individual and different.

Everything is treated confidentially, but if you are part of a Joint Tenancy we are legally bound to give the same advice to all parties about their rights and responsibilities under the Tenancy Agreement.

We may suggest you seek the help of the Citizens Advice Bureau or a Solicitor.

Passing on your home to someone else by succession

How can I do this?

  • On the death of a tenant, the tenancy of the home can be passed to another person in the following circumstances:
  • If you share the tenancy, should a joint tenant die, the tenancy continues in the sole name of the remaining tenant.
  • Where the tenant is survived in the property by a husband, wife or partner who has lived in the property as their principal home, he/she can succeed to the tenancy.
  • To another member of the deceased tenant’s family, such as a son or daughter, who has lived in the property continuously for the 12 months immediately prior to the tenant’s death and where there has been no previous succession. If this should be a child or young person, please discuss the options with your Housing Manager.

The offer of a new tenancy is at our discretion, and subject to the housing needs of the area.

If the property is larger than a person’s needs or has been provided or adapted for an elderly or disabled person, the new tenant will normally be required to move to another of our properties.

What help or advice can we offer you?

Housing Managers are there to offer advice and assistance. We can also come and give you advice at any time about this or any of the options on this page. Every query is different and we want to provide you with as much advice as we can.