Transferring a tenancy
In certain circumstances, it may be possible for you to pass your tenancy onto someone else, or for someone else to pass their tenancy onto you.
If you are a secure tenant, you may be able to swap your home with another secure tenant. Any special conditions, rights or responsibilities associated with your new home will then apply to you.
If you are a secure tenant, you may be able to transfer your tenancy to your partner or a member of your family over the age of 18, provided they have been living with you for at least 12 months.
You will need our consent and all parties must agree to the assignment for it to go ahead.
The assignment of a tenancy can only happen once.
When a tenant dies, the tenancy can legally be passed onto a spouse or civil partner, or in some cases, another family member. This process is called ‘succession’.
There can only be one succession to a tenancy. If you are a joint tenant and the other tenant has died, the tenancy will have automatically transferred to you by right of survivorship. This means that there can be no further successions.
If you are not the spouse or civil partner, and you have succeeded to the tenancy of a property that is larger than you need, we will support you to find a more suitable home.
If you are living in a council home and the tenant has died, please contact us right away so we can offer you help and support. Please send us a copy of the death certificate. Once we have received a copy of the death certificate, we will make a decision about the succession within 28 days.
Applying for a joint tenancy
Before requesting a joint tenancy, please be aware that all joint tenants share joint and several liability. This means each tenant is legally responsible for the full rent and all tenancy obligations, not just their share. If one tenant wishes to leave, ending or changing the tenancy can be complex and may require legal steps or landlord approval.
Joint tenancy is not a legal right
There are circumstances where we may refuse a request for a joint tenancy, including but not limited to:
- you are not spouses, civil partners, or cohabiting partners
- one person does not have the legal right to live in the UK or is not entitled to benefits
- the existing tenancy was obtained through succession (when a tenant inherits the tenancy after the death of the previous tenant) or assignment (when the tenancy is transferred from one household member to another)
- there is housing-related debt on the account
- the proposed joint tenant is not eligible — for example, they are under 18 years old
- granting a joint tenancy would result in the property becoming overcrowded
Adding a partner to your tenancy
We can only consider adding a partner to the tenancy if your rent account is fully paid and up to date. Joint tenancies are normally granted to:
- married couples (including civil partnerships)
- couples living together as partners, where evidence shows they have lived together for at least 12 months
Where applicable, a copy of your marriage or civil partnership certificate will be required.
You must also provide proof that your partner has lived with you for the past 12 months. A council tax bill is required as primary evidence, along with other acceptable forms of ID and address confirmation.
Additional supporting documents may include:
- electoral register confirmation
- welfare benefit documentation showing the partner is registered at the address
- utility bills or bank statements in the partners name and the address of the property where they reside
Once we have received all the required documentation and reviewed your tenancy history, we will confirm whether a joint tenancy can be approved. Please note that joint tenancy cannot be granted if your rent account is in arrears or subject to a possession order.
You have a right to appeal if your application is refused.