Managing your tenancy

On this page you can read about assignations. The assignation of a tenancy is where the current tenant (the assignor)of the property gives up their legal interest in their tenancy and transfers it to another person living with them in the property (the assignee).  The assignee then becomes the tenant, on the same terms as the assignor. A Scottish secure tenant cannot assign his/her tenancy unless they have their landlord’s consent.  However, a landlord can only refuse consent if there are reasonable grounds to do so - contact your Community Housing Officer for further advice.

1. What are the conditions that have to be met?

2. What should I do if I want to assign my tenancy?

3.When can East Lothian Council refuse permission?

4.What happens if my request to assign my tenancy is refused?

5. Assignation application form

1. What are the conditions that have to be met?

Both the tenant AND the prospective tenant/assignee must have lived in the tenancy as his/her only or principle home for the twelve months prior to applying to the Council for permission to assign.  The tenant or assignee must have submitted a Household Form to the Council’s Housing Department confirming residency a minimum of twelve months before an assignation can take place.

2. What should I do if I want to assign my tenancy?

If you want to assign your tenancy to someone who is currently living with you, you must complete the Application to Assign Tenancy Form.  This is available from your local housing office.  Please return this to the housing office once it has been completed and signed by you and your proposed assignee(s).  We will respond to you within 28 days of receiving your application.

3. When can East Lothian Council refuse permission?

We will only refuse permission when we feel that we have reasonable grounds for doing so, for example:

• the house must have been the tenant’s only or principle home during the 12 months immediately before they apply for written permission to pass their tenancy to someone else
• the person they wish to assign their tenancy to must have lived at the property as their only or principal home for the 12 months before the tenant applies
• the 12 month period cannot begin unless we have a Household Form stating the person is living in the property as their only or principal home - we must have been told by the tenant, a joint tenant or the assignee - if we have already been told that the person is living in the property we do not have to be notified again
• a valid notice of proceeding for recovery of the property has been served by us on the grounds that:
  • any tenant has allowed the house to be used for illegal or immoral acts
  • any tenant has been given a criminal conviction, where it relates to a crime conducted in house
  • the tenant has ceased to occupy the house as their principal home
  • the tenancy was granted due to false statement by any tenant
  • any tenant has acted in an anti-social manner
• the Sheriff has made an order of recovery of possession
• a payment, other than rent or a deposit, has been made to the tenant, in consideration of the assignation
• the house that they wish to move to is not big enough for their requirements - to the extent that household of the applicant moving there would cause overcrowding in terms of the Council’s Allocations Policy
• unauthorised improvements, which have not been rectified, have been carried out
• the council intends to carry out work on the house or building

In addition, we may refuse the assignation, if:

• the house has been designed or adapted for the existing tenant’s particular needs, to the extent that it meets the Council’s definition of a specialist property, and these adaptation or design features are not required by the other party
• there is history of anti-social behaviour at their tenancy, which in the opinion of the Community Housing Officer could be detrimental to the tenant themselves or the residents in the area if the assignation was to go ahead
• there are any outstanding rent arrears. We may disregard rent arrears under one month’s rent. We can, however, make a reasonable repayment arrangement with applicants.  In cases where rent arrears exceed one month, we disregard the arrears as long as applicants:
  • make an appropriate repayment arrangement
  • make payments agreed for at least three months, and
  • continue to make payments
• the condition (in terms of hygiene, serious repairs issues or health and safety implications) of house or garden is deemed unacceptable by the Community Housing Officer. 
• a breach of tenancy has occurred in the previous six months
• the house they wish to move to is substantially larger than required - to the extent that the household of the assignee does not meet the minimum number of persons for the size of the property in terms of the Council’s Allocations Policy i.e. lead to under-occupancy
• the assignee does not meet the reasonable preference criteria i.e. would not be given sufficient priority for housing as determined by the council’s housing allocations policy

4. What happens if my request to assign my tenancy is refused?

If we refuse permission, we will write to you detailing the reasons for refusal.  You can appeal against our decision.  Information on how to appeal is contained in the refusal letter we send you.  Contact your Community Housing Officer for further advice.

You can also appeal by way of Summary Application to the Sheriff Court.  You should consider contacting a specialist housing advice centre or solicitor for advice.

5. Assignation application form

Download the assignation application form.