Transferring a Social Tenancy in England: The 2024 Guide

If you're a social housing tenant in England and wish to pass your tenancy on to someone else, understanding your rights and the procedures for tenancy transfer is essential. This guide focuses on tenants of council and housing association homes—covering how to transfer your social tenancy, eligibility, and what forms and authorities are involved, all updated for 2024.

What Does It Mean to Transfer a Social Tenancy?

Transferring a social tenancy generally means assigning, exchanging, or succeeding a tenancy to another person—often a close family member, partner, or someone living with you. The most common ways this happens in England are through:

• Assignment: Passing your tenancy on to another person while you are still alive (often only allowed in specific circumstances)
• Succession: When a tenancy is transferred automatically due to the death of a tenant, under certain eligibility criteria
• Mutual Exchange: Swapping your home with another social tenant, subject to approval

Each route follows different rules under the Housing Act 1985 and related housing legislation¹.

Who Can Transfer or Take Over a Social Tenancy?

Your ability to transfer a tenancy will depend on:

• The type of tenancy you hold (secure, assured, or fixed-term)
• Your landlord’s policies (council or housing association)
• Your relationship to the person taking over the tenancy
• Whether you have the right to assign or if succession applies in your case

For example, secure and assured tenants generally have more rights than those on introductory or demoted tenancies.

Key Types of Social Tenancy Transfers

1. Assignment

• Usually only permitted to a spouse, civil partner, or someone who would be qualified for succession if the tenant died
• Requires written permission from the landlord
• May need legal advice, as this can affect your and the new tenant’s rights

2. Succession

• Happens when the tenant dies, and someone qualifies to take over the tenancy (often a partner or close family member living in the property)
• The right of succession is usually allowed only once per tenancy, and rules differ by tenancy type

You should review your tenancy agreement and Government guidance on tenancy types.

3. Mutual Exchange

• Two social housing tenants swap homes
• Both tenants need their landlord's approval
• The process involves checks on eligibility, rent accounts, and property conditions

Forms and Steps: How to Transfer Your Social Tenancy

To transfer a tenancy (by assignment, succession, or mutual exchange), you’ll need to submit specific forms and follow clear steps. Here’s what’s typically required:

For Assignment or Succession

• Notice of Assignment (Form of Assignment of Tenancy)
  When to use: To officially transfer tenancy rights to another eligible member (for example, if you are moving out and want your partner to take over).
  How to use: Complete the relevant assignment form provided by your council or housing association. These forms are typically found on your landlord's website, or you can contact the council for guidance.
• Succession Application Form
  When to use: After the tenant's death, an eligible household member applies to take over the tenancy.
  How to use: Each council or housing association has its own succession application form. Fetch it from your landlord’s official site under ‘tenancy succession’ or request one directly.

For Mutual Exchange

• Application for Mutual Exchange
  When to use: If you wish to swap homes with another social tenant.
  How to use: Use the online portal HomeSwapper or complete an application form from your landlord.

Process and Timeframes

• Check your tenancy agreement and landlord’s policies
• Request the appropriate form
• Fill in the details and provide any required proof (identity, relationship, residency, etc.)
• Submit the form to your landlord (housing association or local council)
• The landlord reviews, may ask for more information, then gives written consent/refusal
• If refused, you may appeal or seek advice

Processing times vary but typically range from a few weeks to a couple of months, depending on the complexity and the landlord’s policies.

What If You Disagree with the Landlord’s Decision?

If your transfer or succession request is refused, ask your landlord for a written explanation. If you feel the decision was unfair, you have the right to appeal. In England, disputes over tenancies and succession rights may be escalated to the First-tier Tribunal (Property Chamber).²

FAQ: Social Tenancy Transfers in England

1. Can I transfer my social tenancy to anyone?
   Usually, you can only transfer your tenancy to a spouse, civil partner, or close family member living with you, and only in very specific circumstances. Mutual exchange is possible with another social tenant, but both landlords must approve.
2. Do I need my landlord’s approval for a tenancy transfer?
   Yes, most transfers—including assignment and mutual exchange—require your landlord’s written consent. Speak to your housing officer for guidance before starting the process.
3. What happens if my application for succession is refused?
   If refused, you can request a written explanation. You may appeal through your landlord’s complaints process and potentially escalate disputes to the First-tier Tribunal (Property Chamber).
4. Can a tenancy be inherited by more than one person?
   Usually, only one person may succeed a social tenancy, and succession is typically allowed just once per tenancy, unless the agreement or your landlord's policies say otherwise.
5. Is there a deadline to apply for succession or assignment?
   Yes, applications should be made promptly—often within a few months of the triggering event (e.g., a tenant’s death). Check your landlord’s policies for specific deadlines.

Conclusion: Key Takeaways

• Transferring a social tenancy in England depends on the type of tenancy, your relationship with the potential new tenant, and your landlord’s approval.
• You must use the correct official forms and follow your council or housing association’s policies.
• If your request is refused, you have rights to appeal—including going to the First-tier Tribunal (Property Chamber) for housing disputes.

With the right steps and official support, succession and transfer are possible to keep social housing in trusted hands.

Need Help? Resources for Renters

• Council Housing Guidance (GOV.UK)
• Housing Associations Information (GOV.UK)
• Shelter England – Tenancy Rights Advice
• First-tier Tribunal (Property Chamber)
• Contact your local council for forms, guidance, and personalised support

---

1. See Housing Act 1985 – Tenancy succession and assignment
2. First-tier Tribunal (Property Chamber)—Official housing tribunal for England

Categories

Tenant Rights & Responsibilities Rent, Deposits & Increases Tenancy Types & Agreements Moving In & Out Procedures Repairs, Maintenance & Housing Standards Eviction Notices & Repossessions Shared Housing, HMOs & Lodgers Discrimination, Harassment & Accessibility Utilities, Bills & Council Tax Affordable Housing, Social Housing & Benefits Dispute Resolution & Housing Tribunals Health, Safety & Fire Regulations Privacy, Landlord Entry & Surveillance Unusual & Special Tenancy Situations Renters’ Insurance & Liability Homelessness Support & Post-Eviction Help Landlord Duties, Licensing & Penalties Housing Law, Legal Updates & Case Studies Mental Health, Disability & Vulnerable Renters’ Rights Rent Repayment Orders & Compensation