Transferring a Tenancy in Wales: Your Step-by-Step Guide

If you are renting in Wales and need to transfer your tenancy—whether due to relationship breakdown, family changes, or moving out—it’s vital to understand the legal process. Wales has unique rules on tenancy transfers, especially since the introduction of the Renting Homes (Wales) Act 2016. This guide breaks down what you need to know about transferring a tenancy in Wales, highlighting all official forms, action steps, and where to get help.

What Does It Mean to Transfer a Tenancy?

A tenancy transfer is when your rights and responsibilities as a tenant are moved to another person. This might happen if:

• You want to add or remove someone from the agreement (e.g., after a separation)
• You’re leaving, but someone else wishes to take over your tenancy
• You need to give up your rights to another eligible person, such as a family member

In Wales, after 1 December 2022, most tenancies became ‘occupation contracts’ under the Renting Homes (Wales) Act 2016^[1]. The process for transferring a contract is different from other parts of the UK.

Legal Rules for Transferring a Tenancy in Wales

The law in Wales gives tenants (‘contract-holders’) certain rights to transfer their occupation contract. However, there are legal requirements and you usually need your landlord’s written permission unless the transfer is happening by law (such as through a court order, or by succession after death).

• Agreement-based Transfers: The landlord can agree to a transfer with another person who is eligible to hold a contract.
• Assignment by Court Order: In cases like divorce or separation, a court can order a tenancy transfer under the Family Law Act 1996.
• Succession: On the death of a contract-holder, certain family members living in the property may have a legal right to take over the tenancy.

Always check your written contract for any extra rules. If you’re unsure, official guidance is available via Renting Homes Wales: Guidance for contract-holders.

How to Start a Tenancy Transfer

To transfer your contract, you’ll usually follow these steps:

• Check your contract (now known as the written statement of occupation) for clauses about assignment or transfers.
• Request written permission from your landlord. Explain who will take over and why.
• Complete the relevant forms and agreements.
• In some cases (family court or succession), follow the legal process or provide required evidence.

Key Official Forms

• Notice of Assignment (no official government-provided form): If the landlord agrees, both the current and new contract-holder should sign a clear written agreement (often called a Deed of Assignment). This should state:
  • The names and addresses of all parties
  • The property address
  • The date of transfer
  • Landlord's written consent (often attached or included)

  Example: If you are moving out after a breakup, and your ex-partner wishes to stay, you write a Deed of Assignment, both sign it, and get the landlord’s written permission, then submit it to the landlord or managing agent. More guidance can be found in the Government guide for landlords and tenants in Wales.

• Application to the Family Court: If parties can't agree or it's due to a family dispute, you may need to apply to the court. The family court covers such transfers under the Family Law Act 1996. Find forms and guidance at Official Family Court Guidance.

Special Cases: Succession After Bereavement

Succeeding a tenancy means a close family member, spouse, or civil partner may take over if the contract-holder dies. Under the law in Wales:

• Only certain people can apply: the deceased’s spouse, civil partner, or a family member who lived with them for at least 12 months
• You must usually notify the landlord within a set time period
• Your eligibility depends on the details in the occupation contract and proof of residency

Read more about succession rights under Renting Homes (Wales) Act 2016.

What if My Landlord Refuses?

If the landlord refuses a reasonable request or is not responding, you can:

• Ask for a written explanation of the refusal
• Seek help from a local authority, Citizens Advice Cymru, or Shelter Cymru
• Consider applying to court in certain circumstances (especially for transfers due to divorce or where the refusal is believed to be unfair)

It’s important to keep copies of all communications and agreements when requesting a tenancy transfer.

Disputes may be resolved at the Residential Property Tribunal for Wales, which adjudicates some tenancy matters. For most disagreements, try mediation or legal advice first.

Summary of Action Steps

• Check your occupation contract for assignment rules
• Communicate with your landlord and request permission
• Use a Deed of Assignment (drafted in writing and signed) for voluntary transfers
• Apply to the court if transferring due to family law reasons or disputes
• Contact the Residential Property Tribunal for Wales for unresolved legal disputes

By following these steps and using official forms and contacts, you can navigate tenancy transfers more confidently and protect your rights.

Frequently Asked Questions

1. Can I transfer my tenancy to anyone I choose?
   Usually, you can only transfer your tenancy to someone who is eligible under your contract’s terms, like a family member or cohabitant—never to a stranger or someone not living there, and only with the landlord's written consent.
2. Do I need my landlord’s permission to transfer a tenancy?
   In most cases, yes. Exceptions include situations mandated by a court or in line with legal succession rules following a death.
3. What if there is a dispute about the transfer?
   If agreement cannot be reached, you can seek independent advice, apply to the family court, or, for some disputes, contact the Residential Property Tribunal for Wales.
4. Which tribunal handles tenancy disputes in Wales?
   The Residential Property Tribunal for Wales is the dedicated tribunal for residential tenancies and occupation contracts.
5. Is there an official government form for tenancy transfers in Wales?
   There is no prescribed government form. Transfers are made using a written Deed of Assignment with landlord consent, or by court order when necessary.

Need Help? Resources for Renters

• Welsh Government: Renting Homes Wales Advice
• Shelter Cymru: Tenant Support and Advice
• Citizens Advice Wales: Transferring or Ending a Tenancy
• Residential Property Tribunal for Wales
• Family Court guidance for Wales and England

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1. Renting Homes (Wales) Act 2016
2. Family Law Act 1996, relevant to transfers by court order

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