Your tenancy is transferred using a legal document that has been signed 'as a deed'. An independent person must witness the signatures of the original and the new tenant. The new tenant should keep the deed of assignment, in case they ever need to prove that the assignment has taken place. The original tenant and the landlord should also keep a copy. You can assign your tenancy to someone who would inherit the tenancy if you died. Who this is depends on when your tenancy started.
In most cases, you can't assign your tenancy if you inherited it from someone else. You can assign your tenancy to a partner who lives with you. If you don't live with a partner, you may be able to assign your tenancy to someone else who lives with you but only if your tenancy agreement says you can. You can assign your tenancy to your husband, wife or civil partner if they live with you. If you don't live with a married or civil partner, you can assign to any of the following family members, but only if the person has lived with you for at least 1 year:.
The rules for introductory tenancies are the same as for secure tenancies starting before 1 April Your rights to assign depend on your tenancy agreement. You can't usually assign a starter tenancy or demoted tenancy.
Apply to transfer your tenancy If you are leaving Stevenage to live somewhere else, you can apply to assign your tenancy to your partner or a member of your immediate family who has lived with you for at least a year. Succession rights when a tenant dies Succession relates to the statutory right of certain people to succeed to a tenancy following the death of a tenant.
The following rules apply: Only one succession is allowed. If there has already been a succession pre, a second succession could be allowed but only once. The Spouse or civil partner do not need to downsize if under occupying.
Family members would need to downsize if under occupying Joint tenants are liable for any arrears; statutory successors are not. A spouse or civil partner do not need to downsize if under occupying. A discretionary tenancy may be offered to a surviving relative in occupation depending on the circumstances — please see further information below.
Joint tenants are liable for any arrears; statutory successors are not. Secure tenancy types - Starting BEFORE 1 April Under the terms of the Housing Act , where no succession to a tenancy has already taken place, specified family members may succeed to a secure tenancy on the death of the tenant, if certain conditions are met.
Discretionary successions Where a statutory succession to a tenancy has already taken place, or for a post April tenancy where there is no spouse, partner or civil partner eligible to succeed to the tenancy, we will consider a request to succeed to the tenancy from certain family members or live-in carers who were resident with the tenant at the time of the death of the tenant.
Our policy on discretionary succession may change from time to time. Home Housing and local services Council housing and housing association. Council housing. Types of tenancy Your tenancy agreement is a legal document and tells you all the rules about living in your property.
Introductory tenancy New council tenants may be offered an introductory tenancy. You automatically become a secure or flexible tenant after 12 months, unless your council has either: started action to evict you extended your introductory tenancy for a further 6 months There are limits to what you can do with an introductory tenancy, for example you cannot: make major improvements to the property swap your property with another council tenant apply to buy your property through the Right to Buy scheme Secure tenancy As a secure tenant, you can normally live in the property for the rest of your life, as long as you do not break the conditions of the tenancy.
Flexible tenancy As a flexible tenant, you have tenancy for a fixed period. At the end of the fixed period the council may decide to: offer you another fixed-term tenancy offer you a secure tenancy not renew your tenancy They must explain their reasons if they decide not to renew your tenancy and give you a chance to challenge the decision. Transferring your tenancy Secure and flexible tenants may be able to transfer a tenancy to someone else, or, in some circumstances, pass on a tenancy to someone when they die.
Print entire guide. Explore the topic Council housing and housing association. The landlord is not legally obliged to grant a tenancy to the remaining tenant. The remaining tenant is not entitled to a tenancy of the property. However, sometimes the landlord may decide to allow the remaining tenant take on a new tenancy and stay in the property. The Housing Executive will do identity checks if you're signing up for a new tenancy or transferring or exchanging properties.
When you are signing up for your new tenancy, you must sign a consent form allowing the Housing Executive to take and store your photograph of you.
For a joint tenancy, they will need each tenant's photograph. If you want to transfer your tenancy to someone, you must apply in writing to your landlord. This is a tenancy assignment. You don't have a right to this type of assignment. Your landlord might approve an assignment in exceptional circumstances.
They'll give your a written decision. You may ask to take over the tenancy if you lived with the tenant in the property as your principal home for at least 12 months on the date of their death. You also need to be the deceased tenant's. If the deceased tenant had already succeeded to the tenancy, there is no right to a second succession.
However, your landlord may grant another succession in certain cases. If you don't have a legal right to a succession, the landlord may still grant a new tenancy to you. This is known as a 'policy succession'.
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