Transferring a Social Tenancy in Scotland: Your Step-by-Step Guide

If you live in a council or housing association home in Scotland, you may sometimes want to transfer your tenancy—whether due to a relationship breakdown, family changes, or supporting someone close to you. This process is carefully regulated to protect everyone involved and make sure homes go to those in real need. Understanding your rights and the correct process under Scottish law helps you stay secure and maintain your tenancy rights.

Understanding Social Tenancy Transfers

Transferring a social tenancy means passing on your tenancy rights to someone else, such as a partner, family member, or someone who lives with you. This is sometimes called “assigning” your tenancy. You may want to do this if:

• You’re moving out and want someone else to stay in the home
• Your relationship circumstances have changed
• You want to add someone to the tenancy

It’s important to follow the proper legal steps or you could risk losing your right to your social home.

Who Can Take Over a Tenancy?

Typically, you can only transfer a social tenancy in Scotland to people who qualify under the Housing (Scotland) Act 2001^[1] and your landlord’s policy. Generally, these include:

• A spouse or civil partner
• A partner you live with as a couple
• Another member of your household

The person you wish to transfer your tenancy to usually must have lived in the property as their only or main home for at least 12 months immediately before the request. This qualifying period starts from the time you notify your landlord in writing that the person has moved in.

The Process of Transferring a Social Tenancy

1. Check Your Eligibility

Review your tenancy agreement and your landlord’s policy (e.g. your council or housing association’s guidelines). Make sure both you and the person you’d like to transfer to meet all criteria:

• The person must have lived with you for at least 12 months (from date of written notification)
• No legal action is pending against your tenancy (e.g. eviction)
• Your rent payments are up to date

2. Notify Your Landlord

You must write to your landlord (your council or housing association) for permission to transfer (assign) your tenancy. This is a legal requirement. Most landlords have their own forms available on their websites.

• Council Tenancy Tenancy Transfer/Assignment Forms: For example, Glasgow City Council Assignation of Tenancy Form.
• Housing Association Assignment Forms: Check your association’s site or office for their specific process and forms.

3. Provide Supporting Evidence

Include proof the person has lived with you as their main residence for 12 months. This can be:

• Official letters (e.g. from HMRC, schools, or GP)
• Utility bills in their name
• Council tax documents

4. Await Landlord's Decision

Your landlord has a legal responsibility to consider your request. They have up to 28 days to respond.

• If your landlord refuses, they must give you reasons in writing.
• If approved, the tenancy will be officially transferred.

Your landlord may only refuse a request on certain legal grounds, such as rent arrears, intention to sell the property, or if the person receiving the tenancy does not meet eligibility.

5. Appealing a Refusal

If you think your landlord has unreasonably refused your request, you can appeal to the First-tier Tribunal for Scotland (Housing and Property Chamber). They decide on disputes about tenancies in Scotland and are independent of landlords and tenants.

Key Official Forms for Social Tenancy Transfer

• Assignation Request Form (Common Rental Social Housing):
  • When used: You submit this to your council or housing association to transfer your tenancy to another qualifying person.
  • Example: If you wish to move out and assign the tenancy to your son who’s lived with you for 12 months.
  • Official guidance on assignation (mygov.scot)
• Written Notification of Residency:
  • When used: Notify your landlord in writing when a new person moves into your household. This starts the required 12-month period for future assignment transfers.
  • How to notify your landlord (mygov.scot)

What the Law Says About Tenancy Transfers

Scottish law protects tenants' rights in these situations. The rules for assigning a tenancy are set out in the Housing (Scotland) Act 2001, with updates made by the Housing (Scotland) Act 2014^[2]. Landlords must consider your application fairly and abide by legal notice periods and procedures.

FAQ: Social Tenancy Transfer in Scotland

1. Who can a tenancy be transferred to in Scotland?
   A tenancy can usually be assigned to a spouse, civil partner, cohabiting partner, or another adult who has lived in your home as their only or main residence for at least 12 months, starting from when you formally notified your landlord.
2. What if my landlord refuses my request to transfer?
   You can appeal the refusal to the First-tier Tribunal for Scotland (Housing and Property Chamber), which will decide if the refusal was reasonable under Scottish law.
3. Does transferring a tenancy mean giving up all my rights to the property?
   Yes. If you assign your tenancy to someone else, you give up your legal rights and responsibilities as a tenant for that property.
4. How do I prove someone has lived with me for 12 months?
   Provide documentation (such as official letters, utility bills, or council tax forms) showing the person’s name and address at your home over the last year.
5. Is there a charge for transferring a social tenancy?
   Most Scottish landlords do not charge for processing a tenancy transfer, but always check with your council or housing association for their policy.

Conclusion: Key Takeaways

• Transferring your social tenancy in Scotland requires written permission and proof that the new tenant meets all qualifying conditions.
• Always give formal notice when someone moves in, so they’ll be eligible after 12 months.
• You can appeal to the First-tier Tribunal if you feel a transfer request was wrongly refused.

Following the right procedure helps protect your tenancy rights and ensures that homes go to those who truly need them.

Need Help? Resources for Renters

• Assigning your Scottish council or housing association tenancy (mygov.scot)
• First-tier Tribunal for Scotland (Housing and Property Chamber) – tenancy appeals and disputes
• Scottish Housing Regulator – regulation and tenant rights
• Citizens Advice Scotland – Rented housing advice
• Contact your local council’s housing office or your registered social landlord for further guidance and official forms.

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1. [1] Housing (Scotland) Act 2001
2. [2] Housing (Scotland) Act 2014

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