Passing the tenancy (succeeding)
There are limited circumstances in which a tenant can pass (assign) their tenancy to someone else.
The circumstances are:
- if they want to assign the tenancy to someone who would be entitled to succeed to the tenancy
- if a court has made an order under matrimonial law
- if the tenant is doing a mutual exchange.
You cannot assign your tenancy to someone else unless you have written permission from the council.
The tenancy can be assigned if you did not become the tenant by taking over from a previous tenant and the person taking over the tenancy is:
- your spouse and they are presently living at the property as their principal home
- your close family who wants to take on the tenancy and has been living at the property as their principal home with you for the last 12 months.