Transferring a Tenancy Agreement in England: Your Guide

Need to transfer a tenancy, add a tenant or remove a joint tenant? In England, the process depends on whether you rent privately or have a council or housing association tenancy. This guide explains assignment, tenancy changes, mutual exchange and succession after a tenant’s death, including the forms and written permissions you may need.

What Does It Mean to Transfer a Tenancy?

Transferring a tenancy means legally changing who is responsible for a rental agreement. This may involve adding, removing or replacing a tenant. It can arise when you move out, want your partner to take over or need to formalise a new housemate’s rights.

The main ways to change a tenancy in England are:

• Assignment: Transferring the tenancy to another person completely.
• Adding or removing a joint tenant: Updating the tenancy agreement to reflect a change in the household.
• Succession: Taking over a tenancy after a tenant dies, usually as a spouse, civil partner or close family member.
• Mutual exchange: Swapping homes with another council or housing association tenant, subject to the landlords’ permission.

Your options depend on the tenancy type, the tenancy agreement and the landlord’s or housing provider’s process.

Can You Transfer Your Tenancy?

Check your tenancy agreement before making plans. Most assured shorthold tenancies, which are the most common private tenancies in England, do not automatically allow assignments.

For many tenants, a transfer is possible only:

• With the landlord’s written permission.
• Under special circumstances, such as relationship breakdowns.
• In line with the terms of the tenancy agreement.

The Transfer Process: Step-by-Step

Use these steps to organise a tenancy transfer or change of tenant:

• 1. Check the agreement: Look for clauses about assignment, adding or removing joint tenants and changes to the household.
• 2. Contact the landlord or housing provider: Explain the change you want and ask which process or form applies.
• 3. Get written permission: Private renters will usually need the landlord’s written agreement. Council and housing association tenants should follow their landlord’s procedure.
• 4. Complete the paperwork: Sign the appropriate form, new agreement or addendum with all relevant parties.
• 5. Keep written confirmation: Make sure the agreed change to the tenancy is recorded in writing.
• 6. Check the deposit record: Private renters should ensure the deposit registration is updated when the tenancy changes.

Relationship breakdowns, a tenant’s death and a mutual exchange have separate rules and procedures. The relevant sections below explain what to check.

Official Forms and When to Use Them

1. Applying for Succession or Assignment with Social or Council Housing

• Form name: The form varies by council or housing provider. It may be called an “Application to Succeed a Tenancy”.
• When to use it: If a council or housing association tenant dies, a qualified family member may be able to apply to inherit the tenancy. Check the local council’s succession process for the correct form.
• Example: If your parent was a council tenant and has died, you may need to complete the local authority’s succession form to apply as the new tenant.

2. Mutual Exchange Application (Social/Council Tenancies)

• Form name: Mutual Exchange Application.
• When to use it: If you have a council or housing association tenancy and want to swap homes with another tenant, both households must complete their landlords’ mutual exchange forms. Read the government guidance on mutual exchanges.
• Example: You may want to swap your flat for one in a different area. You must apply and obtain permission from both landlords.

3. Change of Tenant or Assignment for Private Renters

• Form name: There is no standard government form. The change must be agreed by the landlord in writing.
• When to use it: For a private tenancy, the landlord will usually prepare a new or amended tenancy agreement. Request written confirmation and ensure the deposit registration through a government-approved deposit protection scheme is updated.
• Example: You may ask to add your partner to the tenancy. If the landlord agrees, the contract should be revised and signed by the relevant parties.

Succession Rights After a Tenant’s Death

Succession is the process by which certain close relatives or partners may inherit a tenancy after the original tenant dies. The rules depend on the tenancy and the housing provider. Relevant legislation includes the Housing Act 1985 (Part IV) and the Housing Act 1988.

Key points stated in this guide are:

• Only one succession is generally allowed per tenancy.
• Eligibility is usually limited to spouses, civil partners or people who lived with the tenant for at least 12 months.
• The landlord or council should be notified quickly after the tenant’s death.

If you believe you have a right to succeed to a tenancy, contact the landlord or council as soon as possible and request the official succession application form.

Legal Context and the Tribunal for Disputes

Tenancy transfer disputes in England may be considered by the First-tier Tribunal (Property Chamber), which reviews disagreements between landlords and tenants.

The main legislation referred to in this guide is the Housing Act 1988, especially for private renters, and the Housing Act 1985 for council or social housing tenants.^[1]

If you are unsure about your rights, contact your local council’s housing advice team or an official advice service before signing paperwork.

FAQs: Transferring a Tenancy in England

1. Can I transfer my tenancy to a friend or family member?
   In most private tenancies, you can transfer or assign the tenancy only if your landlord agrees in writing. For council or social tenancies, a transfer may be possible in limited circumstances, typically for spouses or close family members.
2. What if my landlord refuses to let me transfer?
   If your landlord refuses and you have a good reason, such as relationship breakdown or bereavement, you may be able to apply to the First-tier Tribunal (Property Chamber) for dispute resolution.
3. How do I update the tenancy agreement after adding or removing a tenant?
   Ask the landlord to issue a new agreement or an addendum. All tenants and the landlord should sign it. Private renters should also check that the deposit scheme record is updated.
4. Can I take over the tenancy if the tenant passes away?
   You may have succession rights if you are a spouse or close family member and have lived in the property for at least 12 months. Speak to the landlord or council and complete its official succession application form.
5. Does the process differ for council, housing association and private tenancies?
   Yes. Council and housing association tenants often use formal procedures and official forms. Private renters usually need landlord approval and a new or amended written agreement.

Key Takeaways: What Renters Should Remember

• Check the tenancy agreement before attempting a transfer.
• Ask the landlord or housing provider which process and form apply.
• Get permission and all tenancy changes in writing.
• Check that the deposit registration is updated after a private tenancy change.
• For succession, notify the landlord or council quickly and request the official application form.
• If there is a dispute, keep the relevant documents and seek advice from your local council or an official advice service.

The correct transfer route depends on your tenancy type and circumstances. Written permission, the correct form and a clear record of the agreed change can help you manage the process.

Need Help? Resources for Renters

• Private Renting: Your Rights and Responsibilities (GOV.UK)
• Social Housing Tenant Guidance (GOV.UK)
• First-tier Tribunal (Property Chamber) – For tenancy disputes in England
• Shelter England Advice Services
• Your local council’s housing options service – Search via Find Your Local Council

1. Key legislation: Housing Act 1988; Housing Act 1985