Transferring a Social Tenancy in Northern Ireland: Step-by-Step Guide

Transferring a social tenancy in Northern Ireland can be a crucial step if your family situation changes, or you need to move due to work, care needs, or other personal reasons. Understanding the process can help you avoid delays and make sure your rights are protected under Northern Irish housing law.

What Is a Social Tenancy Transfer?

A social tenancy transfer lets you move from one council or housing association home to another, or pass your tenancy to someone else (usually a family member). Transfers are governed by rules in the Housing (Northern Ireland) Order 1983.^[1] When thinking about a transfer, it's important to know which type matches your situation:

• Mutual Exchange – Swap homes with another social tenant.
• Succession – Take over a tenancy after the tenant's death, usually as a partner or close relative.
• Assignment – Pass your tenancy to someone else, with permission.
• Transfer – Move to another suitable property (e.g., due to overcrowding, health issues).

Who Can Apply for a Social Tenancy Transfer?

Tenants of the Northern Ireland Housing Executive (NIHE) or registered housing associations can request a tenancy transfer. Eligibility depends on your tenancy status and your current circumstances. The most common reasons for transfers include:

• Overcrowding or under-occupancy
• Medical or welfare needs
• Need to be closer to family or work
• Experiencing harassment or domestic abuse

How to Start a Social Tenancy Transfer in Northern Ireland

Here are the main steps to request a transfer or mutual exchange:

1. Contact Your Housing Provider

If you rent from the NIHE, visit the NIHE transfer page. For housing associations, contact your provider directly using their official process.

2. Complete the Transfer Application Form

The key form for NIHE tenants is the Housing Transfer Application Form. Use this form to apply for a transfer to another NIHE or housing association property.

• Form Name: Housing Transfer Application Form
• When to use: If you need to move due to changed circumstances (for example, your home is too small since your family grew, or you need ground-floor accommodation for a disability).
• Official source: Download the Housing Transfer Application Form

Practical example: If you live in a two-bedroom NIHE flat but now need a three-bedroom house due to a new child, submit this form via your local NIHE office.

3. Applying for a Mutual Exchange

This process allows you to swap homes with another social tenant. Both parties need permission from their housing providers.

• Form Name: Mutual Exchange Application Form
• When to use: If you have found another social tenant you wish to swap homes with. Both tenants must apply separately.
• Official source: Download the Mutual Exchange Application Form

Example: Two families want to swap because one needs a smaller home and the other needs more space. Each submits the form to NIHE and waits for approval.

4. Assignment and Succession

Assignment lets you pass your tenancy on to someone else, but only with the landlord's prior written consent. Succession usually happens when the tenant dies, and certain close relatives can take over the tenancy per the Housing (Northern Ireland) Order 1983, Article 36.^[2]

5. What Happens After You Apply?

After you submit your application, the housing provider will:

• Assess your eligibility and needs
• Inspect your current home
• Check for outstanding rent or tenancy breaches
• Let you know if/when a suitable property or swap is available

Which Tribunal Handles Social Tenancy Issues?

In Northern Ireland, tenancy disputes (including transfer disagreements) are dealt with by the Residential Tenancies Tribunal. They can make decisions if you and your landlord can't agree about your tenancy rights.

Action Steps for Tenants

• Review your current tenancy agreement and tenant handbook
• Discuss reasons for transfer with your landlord or housing officer
• Gather supporting evidence (medical letters, family changes, etc.)
• Complete and submit the right form
• Follow up on your application and keep copies of communication

Each transfer case is unique, so seeking advice can make a big difference.

Frequently Asked Questions

1. How long does a social tenancy transfer take in Northern Ireland?
   The process can vary. It may take several weeks to months depending on your circumstances, housing needs, and the availability of suitable properties.
2. Do I need to pay a fee for a transfer or mutual exchange?
   No, there are no application fees for transfer or mutual exchange through NIHE or housing associations in Northern Ireland. However, you may be responsible for the cost of moving.
3. Can I apply for a mutual exchange if I have rent arrears?
   Usually, your rent must be up to date before your landlord will agree to an exchange or transfer. Speak with your housing officer for help if you are behind on payments.
4. Who decides if my application for transfer is successful?
   Your landlord or housing provider assesses each application based on need, tenancy history, and property availability, following their published allocations policy.
5. What should I do if my transfer application is refused?
   You can request a review of the decision. If you disagree with the result, consider seeking advice from the Housing Executive or contacting the Residential Tenancies Tribunal.

Need Help? Resources for Renters

• Northern Ireland Housing Executive (NIHE) – Tenant services
• nidirect – Housing advice in Northern Ireland
• Residential Tenancies Tribunal – Dispute resolution
• Housing Rights – Independent housing advice for Northern Ireland

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1. Housing (Northern Ireland) Order 1983 sets out the law on council and housing association tenancies, including transfer rules.
2. Article 36 of the Housing (Northern Ireland) Order 1983 explains succession rights for family members after a tenant dies.

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