Assignment of tenancies
From 11 February 2021, landlords must consider all requests from tenants to assign the tenancy and must not decline unreasonably. Landlords may include reasonable conditions when giving consent for assignment. This does not apply to a tenancy granted before 11 February 2021 if the tenancy agreement prohibits assignment.
Requesting assignment of a tenancy
A tenant can make a written request at any time to assign their tenancy to someone else. The request should include the contact details of the person being proposed to take over the tenancy.
The landlord must consider all requests on a case-by-case basis and not decline unreasonably. Where the tenant has included the details of the person they propose to take over the tenancy, the landlord must respond to the request in writing within a reasonable time period. Failing to do so is an unlawful act.
When giving consent, the landlord can include reasonable conditions for the assignment of the tenancy, or instead of consenting, ask the tenant to return the property to the landlord on reasonable terms.
If a tenant assigns the tenancy without the prior written consent of the landlord, it is an unlawful act.
Download request for assignment template [PDF, 43 KB]
Download response to request for assignment template [PDF, 61 KB]
Landlords can recover expenses
Landlords are entitled to recover reasonable expenses that occur during the assignment process. They must first provide the tenant with an invoice that has a breakdown of the costs.
