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.
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.
This section discusses the common law, where a tenant has an implied right to assign unfurnished property.
There are general points that must be considered before assigning a tenancy.
Provision for the compulsory assignation of the tenancy from one spouse or civil partner to the other by way of a court order.
The Housing (Scotland) Act 2001 sets out the arrangements for assignation where someone is a Scottish secure tenant.
Tenants wishing to assign a private residential tenancy must have their landlord’s consent.
The Housing (Scotland) Act 1988 sets out the arrangements for assignation where someone is an assured tenant.
The Rent (Scotland) Act 1984 sets out the arrangements for assignation where someone is a protected tenant.
At common law, a tenant has an implied right to assign unfurnished property.
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.
Last updated: 29 December 2014