Assignation and liability for rent arrears

Because the result of assignation is that the assignee 'steps into the shoes' of the assignor, the assignee not only becomes liable for rent from the date of assignation, but also for the any arrears due by the original tenant (the assignor). [1] By giving consent to the assignation, the landlord waives all claims against the assignor. If there are arrears then the landlord will have to claim them from the new tenant. This is different from the position with an assignation under the Civil Partnership or Matrimonial Homes Acts. See the section on Assignation and the family home for more information.

Any arrears accruing after assignation are the responsibility of the new tenant. The former tenant is not liable for them and the landlord cannot seek payment from her/him.