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Information about the transfer of a tenancy during the lifetime of a tenant

'Assignment' is the transfer of a tenancy during the lifetime of the tenan

'Statutory succession' is a right set down in legislation. It gives certain people (statutory successors) the legal right to inherit a tenancy on the death of a tenant.

We will always check your tenancy agreement before determining eligibility for an assignment or succession.

Assignment

We will only carry out an assignment for secure and assured tenants in the following situations:

  • Passing a tenancy to someone who would have a right to succeed if the tenant died, where Peabody have given their consent.
  • A mutual exchange with a tenant of a Registered Provider or local authority. This is not possible for former Crown Estate (Regency) tenants, although we will permit exchanges where both tenants are assured Regency tenants.
  • A court has ordered the transfer of tenancy as part of divorce or separation proceedings under matrimonial or family law.

When submitting an assignment request, we will need to obtain information to determine whether the applicant is eligible and the property would suit their needs.

We will not accept an assignment of a starter tenancy, market rent, intermediate market rent, supported housing assured shorthold or rough sleepers’ initiative tenancy unless ordered by the court.

Succession

If you have a joint tenancy with someone else, the tenancy is automatically succeeded by the remaining joint tenant, where there has not already been a succession. If you have a sole tenancy, succession rights are dependent on the type of tenancy held.

You should always check your tenancy as succession rights vary depending on this. Only one succession is allowed – unless your tenancy agreement states otherwise – and there can only be one successor.

Please contact us if you have any questions.