Assigning the tenancy

If an assignation takes place all the rights and obligations of the tenancy are given over to the assignee (the new tenant). It is important to note that this would include any rent arrears owed by the tenant. Where there are joint tenants each would remain jointly and severally liable for the arrears.

If the tenant is a Scottish secure tenant s/he can seek in writing her/his landlord's permission to assign the tenancy as a sole tenancy to the other civil partner. [1] The consent of the landlord should not be held unreasonably. [2] Consent is deemed to have been given if the landlord does not reply in writing within one month. [3] If consent has been refused the tenant can challenge the decision in court. [4]

It is an implied term of every assured tenancy that the tenant cannot assign the tenancy unless the landlord gives consent. [5] This only applies if there is no clause in the lease dealing with assignation. If there is a clause dealing with assignation then what the clause says takes precedence over the implied term. [6]

Protected tenants can only assign with the landlord's consent. [7]

For more information, please see the section on assignation.

If, after the tenancy is assigned the new tenant partner occupies the property while the ex-tenant partner does not, the property will cease to be a family home. This means that the ex-tenant will lose all occupancy rights and will not be able to apply to the court for an order regulating those rights. [8] This will only be the case if the assignation took place on or after 4 May 2006. [9]