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Scotland

How to assign

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

This content applies to Scotland

How to assign

No particular form is required, but the intention to assign must be clear and like the lease itself the deed should be in writing. If the lease is for a year or less the assignation could be oral, [1] but good practice dictates that a deed should be drawn up.

Where the landlord's consent is needed, it would be a good idea to have her/him sign the deed also.

Where the landlord's consent is not needed the landlord must still be advised of the assignation for it to be effective. The landlord can acknowledge being made aware of the assignation either implicitly, for example, by accepting rent from the assignee, or explicitly.

Last updated: 17 January 2020

Footnotes

  • [1]

    s.1(2) Requirements of Writing (Scotland) Act 1995