Skip to main content
Shelter Logo
Scotland

Right to assign

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

This content applies to Scotland

Assignation and unfurnished property

This right does not apply where there is an element of what is known as delectus personae (choice of specific person) such as in a lease of furnished property. This has been modified by statute, but only in relation to obtaining the landlord's consent. Thus Scottish secure tenants do not have an implied right to assign without the landlord's consent, [1] but the landlord's consent should not be unreasonably withheld. [2] Assured tenants are also not allowed to assign without the landlord's consent unless the lease says otherwise. [3] However for assured tenants there is no statutory requirement for the landlord to be reasonable about withholding consent.

Last updated: 17 January 2020

Footnotes

  • [1]

    s.32(1)(a) Housing (Scotland) Act 2001

  • [2]

    s.32(2) Housing (Scotland) Act 2001

  • [3]

    s.23 Housing (Scotland) Act 1988