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Scotland

What is assignation?

The assignation of a tenancy is the transfer of the assignor's (or cedent's) legal interest in the lease to another person, known as the assignee. Both landlords and tenants can make assignations.

When a tenant assigns, her/his legal interest in the property is passed on to the assignee. The assignee takes over that interest and becomes the tenant her/himself from an agreed date to the termination of the lease. The assignee then possesses the property on the same terms as the assignor. The assignor's relationship with the landlord ends at the date of assignation. This is different from a subtenancy where the tenant grants someone a tenancy but remains a tenant of the original landlord, and becomes a landlord of the new tenant themselves.

After an assignation takes place, the landlord and the assignee have a direct landlord/tenant relationship and all the terms of the original tenancy agreement apply to them both. For example, this means that the assignee should pay the same rent as the original tenant.

This content applies to Scotland

Last updated: 29 December 2014