Assignation

This section looks at tenants' rights to pass on (assign) their public and private sector tenancies. The way in which a tenancy is assigned will depend on what type of tenancy it is.

What is assignation?

The assignation of a tenancy is the transfer of the assignor's legal interest in the lease to another person, known as the assignee. Both landlords and tenants can make assignations. 

Right to assign

This section discusses the common law, where a tenant has an implied right to assign unfurnished property. 

How to assign

There are general points that must be considered before assigning a tenancy. 

Assignation and the family home

Provision for the compulsory assignation of the tenancy from one spouse or civil partner to the other by way of a court order. 

Scottish secure tenancies

The Housing (Scotland) Act 2001 sets out the arrangements for assignation where someone is a Scottish secure tenant. 

Private residential tenancies

Tenants wishing to assign a private residential tenancy must have their landlord’s consent. 

Assured tenancies

The Housing (Scotland) Act 1988 sets out the arrangements for assignation where someone is an assured tenant. 

Protected tenancies

The Rent (Scotland) Act 1984 sets out the arrangements for assignation where someone is a protected tenant. 

Common law tenancies

At common law, a tenant has an implied right to assign unfurnished property. 

Liability for rent arrears

If someone has become a tenant as a result of assignation, s/he will be liable for existing rent arrears in addition to any arrears s/he accrues.