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

If you're a social housing tenant in Wales, you may need to transfer (assign) your tenancy to another person due to a change in your circumstances. Understanding the rules, what the law allows, and following the right steps can help you do this smoothly and legally. This article guides you through the essentials, from checking your eligibility and legal rights to completing official forms and getting the approvals you need.

Who Can Transfer a Social Tenancy in Wales?

Tenancy transfer (also called ‘assignment’) is only possible in specific situations. These rules protect both tenants and landlords, ensuring the process is fair. Typically, you may transfer your social tenancy if:

• You want to swap homes with another tenant (known as ‘mutual exchange’)
• You are passing the tenancy to a family member in certain circumstances
• The law or your contract specifically allows an assignment

Not all social tenancies can be transferred. Make sure to check your tenancy agreement and speak to your landlord (such as the local council or a housing association) before taking any action.

Types of Social Tenancy Transfers

1. Mutual Exchange

This is a swap between you and another social housing tenant, either within Wales or anywhere in the UK. Both tenants must get written permission from their landlords. It's common if you want to move closer to family, or need a different-sized property.

• How it works: You and the other tenant apply to your respective landlords for mutual exchange approval.
• Legal requirement: Both parties must have secure or assured tenancies and not be subject to eviction or other serious breaches.

For detailed information, visit the official government guide to mutual exchanges.

2. Assignment to a Family Member

You may be able to transfer your tenancy to a close family member, such as a spouse, civil partner, or another person who has lived with you for at least 12 months. This is most relevant when the current tenant can no longer remain in the property (for example, due to illness or moving out permanently).

3. Succession (Taking Over a Tenancy when a Tenant Dies)

Succession is technically different from assignment, but the process relates to someone taking over the tenancy following a tenant's death. Specific rules and eligibility apply—see the Welsh Government’s social tenancy rights page for current details.

Legal Steps and Key Forms

The law for social tenancies in Wales is set by the Renting Homes (Wales) Act 2016¹. Depending on your tenancy and situation, the following forms and steps usually apply:

Form: Mutual Exchange Application

• Name: Each landlord (council or housing association) usually provides their own Mutual Exchange Application Form.
• When to use: Complete this form when you wish to swap homes with another tenant.
• Example: If you want to move to a different city, find someone willing to exchange homes, then submit this form to both landlords.
• Where to get: Visit your landlord’s website or contact their housing office. See the local authority finder to locate your council.

Form: Request to Assign Tenancy

• Name: Request to Assign Tenancy (name may vary by landlord)
• When to use: Use this form if your contract allows you to transfer your tenancy to a qualifying family member.
• Example: If you are moving permanently into care and your adult son has lived with you in the property for over a year, you could apply using this form so he can stay as the new tenant.
• Where to get: Request directly from your landlord or housing association. This may also be called ‘Tenancy Assignment Request’.

It’s important to complete all forms fully and provide any documents your landlord requests (such as evidence of residence for family members).

What Happens After You Apply?

Once your request is submitted, your landlord will review your application and may visit your home. You’ll get a written decision within a set time—usually within 42 days for mutual exchange, as set by Welsh law. If permission is refused, it should be for valid reasons and explained in writing.

Your Rights and the Tribunal

If you feel your request has been unfairly refused or you're facing problems, you can ask for a review or appeal to the Residential Property Tribunal for Wales (RPTW), which handles social housing disputes.

Tip: Keep copies of all forms, correspondence, and decisions from your landlord for your own records.

Legal Protection and Legislation

The main legislation covering social tenancies in Wales is the Renting Homes (Wales) Act 2016. This law outlines your rights around assignment, succession, and mutual exchange. You can read more on the Welsh Government’s Renting Homes resource.

Frequently Asked Questions (FAQs)

1. Can I transfer my social tenancy to anyone I choose?
   No. In Wales, you may only transfer your tenancy to someone who qualifies under the Renting Homes (Wales) Act 2016—usually a spouse, civil partner, cohabiting partner, or family member who has lived with you for at least 12 months.
2. How long does it take for a mutual exchange decision?
   Your landlord should reply within 42 days of your application. If there are delays, seek a written explanation or advice from your council.
3. What if my landlord refuses my tenancy transfer?
   You can ask for a review, and if still unsatisfied, appeal to the Residential Property Tribunal for Wales.
4. Is there a fee for applying to transfer a social tenancy?
   Most landlords do not charge a fee, but check with your own landlord as some paperwork or legal costs may apply in specific cases.
5. Can I transfer a temporary or introductory tenancy?
   No. Assignment is usually not permitted for introductory or temporary tenancies—only secure or assured tenancies are typically eligible.

Key Takeaways

• Transferring a social tenancy in Wales requires landlord approval and is regulated by law.
• Use the correct official forms—ask your landlord for guidance specific to your tenancy type.
• If your transfer request is refused and you believe this is unfair, you have the right to appeal to the Residential Property Tribunal for Wales.

Need Help? Resources for Renters

• Renting Homes Wales (Welsh Government) – Official tenancy rights overview
• Residential Property Tribunal for Wales – Appeals and independent decisions
• Find your local council in Wales – Get specific forms and advice
• Shelter Cymru Housing Advice – Free guidance and support for renters

---

1. Renting Homes (Wales) Act 2016 – Full Legislation

Categories

Tenant Rights & Responsibilities Rent, Deposits & Increases Tenancy Types & Agreements Moving In & Out Procedures Repairs, Maintenance & Housing Standards Eviction Notices & Repossessions Shared Housing, HMOs & Lodgers Discrimination, Harassment & Accessibility Utilities, Bills & Council Tax Affordable Housing, Social Housing & Benefits Dispute Resolution & Housing Tribunals Health, Safety & Fire Regulations Privacy, Landlord Entry & Surveillance Unusual & Special Tenancy Situations Renters’ Insurance & Liability Homelessness Support & Post-Eviction Help Landlord Duties, Licensing & Penalties Housing Law, Legal Updates & Case Studies Mental Health, Disability & Vulnerable Renters’ Rights Rent Repayment Orders & Compensation