Assignment Of Rental Agreement Template for England and Wales

Most standard assured shorthold tenancy agreements prohibit assignment without the landlord's written consent. For assured tenancies under the Housing Act 1988, there is generally no right to assign unless the tenancy expressly permits it. Where the tenancy is a periodic assured shorthold, any assignment without consent will likely breach the tenancy terms and could lead to termination proceedings.

Submit a formal written request to the landlord or their managing agent, identifying the proposed assignee, providing financial references and employment information, and specifying the proposed assignment date. Keep a copy of your request. The Landlord and Tenant Act 1988 requires landlords to respond to requests within a reasonable time and not to withhold consent unreasonably for qualifying tenancies.

A landlord will normally request proof of identity, a credit check, employer's reference, and bank statements from the proposed assignee. Where the tenancy was originally supported by a guarantor, the landlord may also require the new tenant to provide equivalent security or a new guarantor. The landlord may decline consent on reasonable financial or character grounds.

The deposit should be transferred to the new tenant's name and the deposit protection scheme records updated to reflect the incoming tenant. The outgoing tenant's obligations under the deposit protection scheme end on the assignment date. Both parties should agree in writing which deductions (if any) are made at the time of assignment to account for any damage or arrears attributable to the departing tenant.

For tenancies covered by the Landlord and Tenant (Covenants) Act 1995 (post-1 January 1996 leases), the outgoing tenant is generally released from future rent liability on a valid assignment. For older tenancies, the outgoing tenant may remain liable under privity of contract. Any ongoing liability of the outgoing tenant should be clearly addressed in the assignment documentation.

Secure tenancies under the Housing Act 1985 can be assigned by operation of law in certain limited circumstances, such as in settlement of matrimonial or civil partnership proceedings under a court order, or to a person who has the right to succeed to the tenancy. Flexible tenancies introduced by the Localism Act 2011 have more restrictive assignment rules depending on the terms granted by the housing authority.

The document should identify the original rental agreement (by date and property address), name the outgoing and incoming tenants with their contact details, specify the effective date of the assignment, record any payment between the parties (such as reimbursement of the deposit), and confirm the landlord's written consent. A deed is not required for most residential tenancy assignments but written execution by all parties is advisable.

The incoming tenant acquires the same tenancy rights as the outgoing tenant, including the right to quiet enjoyment, the benefit of any recent repairs or improvements, and protection from unlawful eviction under the Protection from Eviction Act 1977. They also inherit any remaining deposit protection. They should inspect the property carefully and agree the inventory state at the assignment date to avoid being held responsible for pre-existing damage.