Assignation and common law tenancies
At common law, a tenant has an implied right to assign unfurnished property.
This content applies to Scotland
No right to assign furnished property
The right to assign does not apply where there is an element of delectus personae (choice of specific person), such as a lease of furnished property. [1]
Given that most common law tenancies encountered will be with resident landlords, or temporary accommodation under homelessness legislation or hostels, it is likely that the property will be furnished and that there will be no right to assign. Depending on the contract, the landlord's consent would need to be obtained and is unlikely to be given. Given the extremely limited rights of a common law tenant, this type of assignation will be rare.
Last updated: 17 January 2020