How to Transfer Your Tenancy in Scotland: A Step-by-Step Guide

Transferring a tenancy can be an important decision if your circumstances change—such as moving out, having a new household member take over, or wanting to leave your home to someone else. In Scotland, there are clear legal rules for how to transfer a tenancy, known as an assignation, and it’s important to follow the correct process to make sure your rights are protected. This article will guide you through the necessary steps, relevant forms, and the rules you need to know as a renter in Scotland.

Understanding Tenancy Transfer (Assignation) in Scotland

Transferring, or ‘assigning’, your tenancy means you give your legal right to live in your rented home to someone else. The new person then takes on your rights and responsibilities under the tenancy agreement. This is different from adding a joint tenant or subletting.

• Most commonly applies to private residential tenancies and Scottish secure tenancies.
• Rules for assignation are set out in laws such as the Private Housing (Tenancies) (Scotland) Act 2016 and the Housing (Scotland) Act 2001.
• You usually need your landlord or housing association’s written permission.

Can You Transfer Your Tenancy?

Before you start, check:

• Type of tenancy: Most private residential and social (council/housing association) tenants have the right to request assignation. Some tenancies, like lodger agreements, may not allow it.
• Reason for transfer: Common reasons include moving out, ill health, or passing your home to a family member or someone who has lived with you for at least 12 months.
• Minimum occupation period: Usually, the assignee (the person you're transferring to) must have lived in the property as their only or main home for at least 12 months before the application date¹.

The Step-by-Step Tenancy Transfer Process in Scotland

The process for transferring your tenancy involves specific steps to follow for a private residential or Scottish secure tenancy. Getting landlord permission is always required, and timing matters.

1. Talk to Your Landlord or Housing Association

• Notify your landlord or social housing provider in writing that you want to assign your tenancy.
• Explain who you want to transfer the tenancy to and why.

2. Fill in the Required Forms

• Scottish Secure Tenancies: Use the Application for Assignation of Tenancy (no official numbering). This form is available from your local council or housing association. For guidance, see Scottish Government assignation guidance.
• Private Residential Tenancies: There is no standard national form. Write to your landlord with the request and provide evidence of how long the proposed assignee has lived there.

Example: If you want to transfer your council tenancy to your partner who has lived with you for over a year, request the assignation form from your housing office, fill in both your details, and attach proof of your partner’s residency, such as council tax bills.

3. Provide Evidence

• Evidence may include utility bills, letters, or official documents showing the proposed new tenant has lived at the address for at least 12 months.

4. Wait for Decision

• Your landlord has one month to respond to your request in most cases.
• They must give you their decision (and reasons, if refusing) in writing.

5. If Permission Is Refused

• Landlords can only refuse on reasonable grounds, such as if the new tenant is unsuitable or hasn’t lived at the address long enough.
• You can challenge an unfair refusal by applying to the First-tier Tribunal for Scotland Housing and Property Chamber, which deals with residential tenancy disputes in Scotland.

Your Rights and Legal Protections

Scottish renters have legal protection during tenancy transfer. Landlords cannot charge extra fees for processing the assignation and must follow proper notice rules. The rules for assignation are set out in:

• Private Housing (Tenancies) (Scotland) Act 2016, Section 32 (assignation)
• Housing (Scotland) Act 2001, Section 32

Always keep copies of all correspondence and documents during the assignation process.

What to Do After a Tenancy Transfer

• The landlord or housing provider will issue a new tenancy agreement to the assignee.
• The new tenant takes on all rights and responsibilities—such as paying rent and property care.
• Update council tax, utilities, and all official records to reflect the new tenant’s details.

Following these steps ensures your transfer is legal, documented, and protects everyone’s rights.

Frequently Asked Questions

1. Can I transfer my tenancy to anyone in Scotland?
   No, you can generally only transfer a tenancy to a close family member, partner, or someone who has lived with you as their only or main home for at least 12 months, and only with written landlord permission.
2. What happens if the landlord refuses my tenancy transfer request?
   If a landlord refuses, they must give reasons in writing. You can appeal to the First-tier Tribunal for Scotland Housing and Property Chamber, which reviews such decisions independently.
3. Can I assign (transfer) a private residential tenancy in Scotland?
   Yes, with landlord permission and as long as the assignee has lived at the address for the required period. Details can be found in the Private Housing (Tenancies) (Scotland) Act 2016.
4. Do I need a special form to transfer my tenancy?
   For council or housing association tenancies, use the official assignation form from your landlord. For private tenancies, you’ll usually write a formal letter and provide supporting evidence.
5. Is transferring a tenancy the same as subletting?
   No, assignation fully transfers the tenancy and responsibilities to another person, while subletting means you remain legally responsible but let someone else live there under your agreement.

Conclusion: Key Takeaways for Renters

• Transfer (assignation) is possible for private and social tenancies in Scotland, usually to someone who has lived with you for at least 12 months.
• Written landlord or housing provider permission is required, and the correct process must be followed for a legal transfer.
• Support is available from your local council, housing office, or the First-tier Tribunal if you need help or want to appeal a decision.

Need Help? Resources for Renters

• Assigning a tenancy - mygov.scot – official Scottish Government guidance
• First-tier Tribunal for Scotland Housing and Property Chamber – for independent dispute resolution
• Citizens Advice Scotland – transferring a tenancy
• Your local council’s housing office – find contact details on your council website

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1. Housing (Scotland) Act 2001, Section 32
2. Private Housing (Tenancies) (Scotland) Act 2016, Section 32
3. Scottish Government guidance: assigning a tenancy

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