Assigning Your Tenancy

Assigning your tenancy is when you pass on your tenancy and your tenancy rights to another person, known as the assignee. At the moment anyone with a Scottish secure tenancy, who has lived in the property as their main home has the right to assign their tenancy. 

The Housing (Scotland) Act 2014

On 1 November 2019 the Housing (Scotland) Act 2014 will come into effect and will introduce a number of significant changes to the rights tenants have under the terms of their tenancy agreement. The Act  will change some of the rules around when a tenancy can be assigned and adds reasons we can refuse an application for assignation. 

The 2014 Act makes the following changes to rules on when a tenancy can be assigned:

  • the house must have been your only or main home for 12 months immediately before you apply for written permission to pass your tenancy to someone else (there is currently no qualifying period); and
  • the person you want to pass your tenancy to must have lived at the property as their only or main home for the 12 months before you apply (the qualifying period is currently 6 months); and
  • the 12 month period cannot begin unless we have been told that the person is living in the property as their only or main home. If we have already been told that the person is living in the property, you do not have to tell us again.

We can refuse permission to assign a tenancy if it is reasonable for us to do that. Two new reasons when we can refuse an application for assignation have been added to the existing reasons at section 32 of the Housing (Scotland) Act 2001. These new reasons are:

  • where we would not give the person you want to pass the tenancy to priority under our allocations policy; or
  • where, in our opinion, the assignation would result in your home being under occupied.

Applying to assign your tenancy

You must apply for permission by filling in our application form (PDF).

We will need the following information if you want to assign your tenancy:

  • your details
  • the address of the property
  • the name of the person taking over the tenancy (assignee)
  • the date of the proposed assignation
  • if you are to receive any money from assigning the tenancy
  • written permission from joint tenants, if applicable

If we refuse to give consent, we must write to you within one month from receiving your request, and detail reasonable reasons for the refusal. If you wish to appeal, you have the right to do this to the Sheriff Court.

Once an assignee takes over your tenancy, they have the same legal rights and responsibilities as all council tenants. However if there any arrears at the assignation of the property, these become the responsibility of the new tenant.

Contact Us

Housing and Property

housing@moray.gov.uk

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